Attorney answers (3)
In criminal cases, the term discovery means that a defendant has opted into a reciprocal arrangement where the State agrees to give the defendant advance notice of any evidence which the State will use in prosecuting the case and he agrees to give the State advance notice of any evidence or witnesses which he will use in the defense of his charge. Not all evidence or information must be disclosed under the law. Most of the time, we are talking about the police reports, witness names and statements, and any laboratory reports such as toxicity or drug identification. Once the defendant has asked the State to produce this information, if the State fails to do so, the defendant can ask the judge to order the State to produce all discoverable information -- hence the term "discovery."
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Howard Woodley Bailey, licensed in New Jersey
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I agree with my colleagues, but will add that it is important for you and your attorney to obtain the state's evidence, through "discovery," in order to evaluate it and help you decide whether you want to go to trial, or plea bargain. DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
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I concur with the assessment of my colleague, who has provided a concise statement of the discovery rules.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. |