What is discovery in criminal defense cases?

Discovery in criminal defense cases is the process of gathering evidence and information from the prosecution before trial. This process allows the defense attorney to learn all the facts they need to build a strong defense and prepare their case for court. Discovery can include police reports, physical evidence, witness testimony, and documents found during investigation. In Virginia, discovery is regulated by the Rules of Criminal Procedure. This code sets limits on how much evidence can be shared in discovery. For example, the prosecutor is not allowed to release materials that could be seen as prejudicial to the defendant. They must also turn over information that could help prove the defendant’s innocence or reduce their sentence. The defense attorney has the right to request more evidence than the prosecutor is willing to give. In these cases, the defense can file a motion to compel the prosecutor to provide more information. This process, called "discovery motion practice," is often used to uncover evidence the prosecution is trying to keep under wraps. The discovery process is an important part of criminal defense law in Virginia. It helps ensure that the defense has access to all the evidence and information they need to create a strong defense and get a fair trial.

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What is discovery in criminal defense cases?

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