Understanding The Discovery Process in Criminal Cases
In the criminal justice system, the term ‘discovery’ refers to a critical process that allows both the prosecution and defense to exchange information and evidence before the trial. This process is designed to ensure that the trial is fair and allows both sides access to all the evidence that will be presented in court. In Ohio, discovery is governed by specific rules and procedures that aim to balance transparency and protect the rights of the defendant.
If you have been charged with a criminal offense, your defense attorney will work to gather all necessary pieces of discovery and confer with the prosecution about any evidence that will be submitted in the case so that they can establish the strongest defense possible for your case and make sure that your rights are protected. If you are in need of an experienced criminal defense attorney near Columbus, we urge you to contact The Joslyn Law Firm online or call us at (614) 444-1900 for a free case consultation.
What is Discovery in Criminal Law?
Discovery in criminal law refers to the pre-trial phase of the criminal process where the prosecution and defense are required to exchange evidence, witness statements, and other relevant information. This process allows both sides to review the evidence that will be used at the trial, using it to evaluate the strengths and weaknesses of the case, and to prepare their legal strategies accordingly.
Discovery is crucial for ensuring that trials are fair and that both sides are aware of the evidence they will face, preventing surprises from occurring that might throw the defense or prosecution off course, prohibiting them from being able to do due diligence in their prospective roles.
Ohio’s Rules on Discovery in Criminal Cases
In Ohio, discovery is governed by Criminal Rule 16 of the Ohio Rules of Criminal Procedure. This rule outlines the obligations and rights of both the defense and the prosecution in terms of sharing evidence and information before trial. Ohio’s discovery process is often referred to as reciprocal discovery, this means that both the prosecution and defense are legally bound to share certain information with each other.
In the case of the prosecution, they are required to disclose a wide range of materials to the defense. This is crucial to ensure that the defendant is aware of the evidence that could be used against them in a criminal trial.
While the prosecution has a greater burden of disclosure, the defense is also required to share certain information, particularly if they plan to present specific evidence or witness testimony at trial to make sure that the prosecution is properly prepared.
The discovery process typically begins after the defendant is arraigned, while the case is still proceeding toward trial. Both parties are expected to comply with discovery requests in a timely manner to allow sufficient time for trial preparation, although at times there can be a lag in getting information. It is important to hire an experienced criminal lawyer that has good working relationships with the prosecution to help make the discovery process go as smoothly as possible.
Types of Information Exchanged in Discovery
During the discovery process, there will be various types of evidence and information that must be shared between the prosecution and defense.
The Prosecution’s Discovery Obligations
Police Reports – Any written reports prepared by law enforcement officers who investigated the alleged crime.
Witness Statements – The names and contact information of witnesses, as well as written or recorded statements they have made.
Physical Evidence – Any tangible evidence collected during the investigation, such as weapons, drugs, or clothing, must be made available for inspection by the defense.
Photographs and Video – Any photographs or video footage that will be used in court, including surveillance footage, body cam footage, or crime scene photos.
Scientific or Expert Reports – Reports from forensic experts, such as DNA tests, fingerprint analysis, or drug testing, must be provided to the defense.
Defendant’s Statements – Any statements made by the defendant to law enforcement, whether oral or written, must be disclosed to the defense.
Exculpatory Evidence – The prosecution is also required to provide any evidence that they discover that may be favorable to the defendant, known as Brady material. This is evidence that could potentially prove the defendant’s innocence or reduce their culpability.
The Defense’s Discovery Obligations
Witnesses – The names and contact information of witnesses who will testify on the defendant’s behalf.
Expert Reports – If the defense plans to use expert witnesses, they must provide copies of the experts’ reports and the results of any tests or evaluations conducted.
Physical Evidence – Any physical evidence the defense intends to use at trial to help show the innocence of their client must be disclosed to the prosecution.
Alibi Defense – If the defense plans to use an alibi defense, they must notify the prosecution and provide information on where the defendant was and who can confirm it.
Discovery Violations in Criminal Cases
If either side fails to comply with Ohio’s discovery rules, it can have serious consequences for the case. A discovery violation in a criminal case typically occurs when the prosecution willfully or unreasonably impedes the defense’s access to evidence. They can do this by refusing to respond to discovery requests or by tampering with evidence. If the court determines that a discovery violation has occurred, there are a few different potential penalties that may occur:
Exclusion of that piece of evidence from the trial
Delays in the case until opposing party has additional time to review newly disclosed evidence.
In extreme cases, a judge may impose fines or other penalties (sanctions) on a party that deliberately withholds evidence.
Dismissal of specific charges within the case or even a full case dismissal
If the defense fails to disclose evidence, it could weaken their case or limit their ability to present a full defense. For the prosecution, if they fail to disclose key evidence, it could result in a dismissal of charges or a mistrial.
Discovery in Plea Bargaining
In many criminal cases, plea bargaining is an important part of the legal process. Discovery plays a critical role in plea negotiations because it allows both sides to assess the strength of the evidence and determine whether a plea deal is in the best interest of the defendant.
For example, if the prosecution’s evidence is strong and clearly shows the defendant’s guilt, the defense may advise the client to accept a plea deal for a reduced sentence. On the other hand, if discovery reveals weak or questionable evidence, the defense may push for a more favorable plea, to go to trial, or for a dismissal of the charges all together.
Is Discovery in a Criminal Case Public Record?
Discovery in a criminal case in Ohio is generally not considered public record. The discovery materials, such as police statements, witness statements, and other evidence or documents exchanged between the prosecution and defense, are really only intended to be used by the parties involved in the case to ensure a fair trial. While court proceedings themselves are typically open to the public, the information disclosed during discovery is not automatically made available to the public or the media. There is a chance that certain discovery materials may become part of the public record if they are introduced as evidence during the trial or if they are filed in court as part of motions or other legal proceedings. The rules around access to discovery can vary by jurisdiction, and some documents may be subject to protective orders that limit their disclosure.
How a Criminal Defense Lawyer Can Help in Discovery
Discovery is a complex process, and it requires a deep understanding of Ohio’s criminal laws and rules of procedure. A criminal defense lawyer plays a crucial role in:
Requesting Evidence – An experienced criminal defense attorney understands all the types of evidence they will need to build their defense, and they will ensure that all relevant evidence is obtained from the prosecution, including exculpatory evidence that could benefit the defendant.
Challenging Evidence – Defense lawyers can challenge the admissibility of certain evidence if it was obtained illegally, such as an illegal search and seizure, or accurately, such as a breathalyzer that has not been calibrated correctly.
Using Discovery for Strategy – The evidence gathered during discovery will help the defense build its legal strategy, whether it is negotiating a plea deal or preparing for trial.
Speak With An Ohio Criminal Defense Lawyer Near You When You’ve Been Charged With A Crime
Discovery is an essential part of the criminal justice process in Ohio, allowing both the prosecution and defense to gather evidence, examine witness statements, and prepare for trial.
If you are facing criminal charges in Ohio, working with an experienced criminal defense lawyer is crucial to navigating the discovery process, protecting your rights, and building a strong defense. Proper handling of discovery can often make the difference between conviction and acquittal, or even lead to favorable plea deals before the case goes to trial. Contact The Joslyn Law Firm online or call (614) 444-1900 for a free case consultation.