The Discovery Process in DC Criminal Cases Explained by a Lawyer

The Discovery Process in DC Criminal Cases Explained by a Lawyer

If you’ve been charged with a crime in Washington, DC, you’re probably wondering what happens next. As your defense lawyer, I’m here to walk you through the discovery process so you know what to expect.

Discovery is when the prosecution has to share information about their case with us on the defense side. This is an important part of every criminal case, because it lets us see the evidence against you and start preparing your defense strategy.

What Can We Do with the Evidence?

Once we get the discovery materials from the prosecutor, we’ll review everything carefully. This helps us start planning your defense strategy and looking for weaknesses in the government’s case.

Some of the things we can do include:

• Looking for inconsistencies or contradictions
• Identifying possible suppression issues
• Finding witnesses and evidence that support your innocence
• Determining if any forensic testing needs to be re-done

I’ll also go over all the discovery with you, so you know exactly what we’re dealing with. It’s important that we be on the same page about the facts of your case.

What If They Don’t Turn Over Evidence?

If the prosecutor fails to disclose evidence that’s helpful to your case, it’s called a Brady violation. This violates your constitutional right to due process.

If we believe the prosecution is hiding something, we can file a motion asking the judge to force them to turn it over. If there’s been an intentional Brady violation, it may even lead to your case getting dismissed.

That’s why it’s critical the prosecution shares all their evidence with us. Otherwise, it prevents us from fully defending you.

Key DC Criminal Defense Laws on Discovery

There are a few key laws and court rules that govern discovery in DC criminal cases. These help protect your right to see the evidence against you.

DC Superior Court Rule 16

This covers the basic discovery obligations in criminal prosecutions. Some highlights:

• The prosecution must disclose names of witnesses, witness statements, documents, photos, and tangible evidence.
• This must be done early on at the first status hearing.
• If new evidence arises later, it must also be turned over.
• Failure to disclose evidence can result in sanctions against the prosecution.

See the full rule here.

Brady v. Maryland

This 1963 Supreme Court case held that suppressing exculpatory evidence violates due process. Brady v. Maryland created an obligation for prosecutors to disclose favorable evidence to the defense.

DC Code § 23-105

This statute requires law enforcement to preserve evidence and biological material in serious criminal cases. It covers things like DNA testing and prevents destruction of evidence before trial. Read DC Code § 23-105 here.

These laws work together to protect your right to a fair trial and see the evidence. An experienced DC criminal defense lawyer can ensure the prosecution plays by the rules during discovery.