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Discovery

Being charged with a criminal offense can be an intimidating, overwhelming experience. With the sensationalized trials shown on television and the general misinformation about how criminal justice works, many first-time offenders have no idea what to expect the criminal process to look like. Many believe their initial court date is going to be their actual trial by jury, they have no time at all to prepare a defense. 


In reality, most criminal cases stay pending for months, and even years, on end depending on the circumstances and complexity of the situation. The initial court date is nothing more than a formality, where official charges will be announced and you’ll have the chance to plead. Deciding how to plead – or whether you should plead at all – is highly dependent on your specific case, which is why it’s important to secure an experienced defense attorney as soon as possible to ensure you have time to consult with them before this initial hearing. 


After this hearing comes a variety of pre-trial stages, the most important of which is discovery. 


What is Discovery?


In the legal world, “discovery” refers to the period of time in which the prosecution and defense exchange information prior to any trial. In civil cases (cases of one citizen against another, such as suing your neighbor for building a fence over your property line), both parties are required to present the opposition with information such as witness lists, previously gathered testimonies, evidence, etc. 


Criminal cases are a little different, however, with discovery largely performed by the prosecution. Under Florida’s Rules of Criminal Procedure 3.220, the prosecution has 15 days from the formal filing of charges to disclose the following: 


  • The names and addresses of any persons known to the prosecution as having information relevant to any offense charged
  • The names and addresses of any persons known to the prosecution who may be able to help the defendant present his or her case
  • Any statements (written and/or recorded) made by persons connected to the case, including police reports, expert testimony or reports, etc
  • Any statements made by the defendant, if any


On the other hand, the defense is only required to provide a list of witnesses they intend to call to the stand at trial, as well as any proof of an alibi, if applicable. The witness list only has to include witnesses the defense is actively planning to call to that stand, though – if there’s a witness the defense has not yet decided to call to the stand, they need not include that witness on the list. If and when the decision to call them to the stand is made, the witness’s name and information must be turned over to the prosecution. 


Despite the legal requirements on the prosecution for discovery, many prosecutors will neglect to include all required information in their discovery report, either unintentionally or wilfully. An experienced defense attorney can independently investigate your case to determine if anything has been left out of the discovery report, and then go after the prosecution to provide all necessary information. 


Lakeland Criminal Defense Lawyers 


The discovery period is a vital stage of the criminal process that can make or break your case. Dealing with discovery disputes with prosecutors can be complicated and are often a delicate matter, which is why it’s vital to have an experienced criminal defense lawyer on your team. Will Hanlon with Hanlon Law has spent nearly two decades defending the accused. With our dedicated and aggressive approach, we’ll help you build the best possible defense. Contact Hanlon Law today to schedule a free consultation.

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