Our Nashville Criminal Lawyer Discusses Criminal Discovery
Posted on Thursday, November 26th, 2015 at 2:26 am
If you have been arrested for a crime, you will want to call your Nashville criminal lawyer for a consultation immediately. A skilled and knowledgeable Nashville criminal lawyer can help you with any criminal charges that you are facing. The following information from your Nashville criminal lawyer discusses the discovery of evidence in a criminal case and how that can happen in three steps. If you find that you have further questions after reviewing the information, contact your criminal lawyer for a consultation.
The Three Steps of the Criminal Discovery Process
Step One: Voluntary Disclosure
During arraignment, the prosecution may make a voluntary disclosure which could include:
- Your criminal history
- Copies of any statements you made to law enforcement
- Offer to make documents available
Step Two: Request for Discovery
In most courts, the defense is responsible to make a request or a demand before they file a motion to seek discovery.
Step Three: a Motion for Discovery
If your criminal attorney does not receive the information they were looking to receive, then they will likely file a motion for discovery with the court. While the law of discovery is typically not favorable, most courts will encourage or order the prosecution to provide the discovery of some, or all things, sooner than what is required. It is up to the court’s discretion to do so. There are several arguments that could be made to appeal to the court’s discretion including: your attorney’s ability to advise you properly without having the additional discovery, you do not pose any danger to the witnesses, or your attorney needs to investigate the additional discovery.
Contact a Nashville Criminal Defense Attorney
Having a skilled and experienced Nashville criminal defense attorney by your side can be extremely beneficial in your criminal case. Call the Nashville criminal defense attorneys of firm-name] today at (615) 403-2971. We have the knowledge and dedication to help you get the best possible outcome in your criminal case. Call today for your consultation!