What is the evidence disclosure process in criminal defense law?

In California, criminal defense law follows a particular process for the disclosure of evidence. This process is designed to ensure that all parties in the criminal case have access to relevant evidence in a timely manner, allowing for fair and equal proceedings. The first step in the process is for the prosecutor to turn over evidence to the defense. This includes evidence such as witness statements, physical evidence, and police and investigation reports. All materials must be turned over at least 15 days before the trial. Once the evidence has been received, the defense must disclose to the prosecution any materials it intends to use that are not required by law to be provided by the prosecution. This includes evidence such as records from medical facilities, experts, and other forms of evidence. The defense must disclose this information at least 10 days before the trial. After both sides have disclosed their evidence, the defense may make a motion to exclude evidence. In this motion, the defense must demonstrate that the evidence is not relevant or necessary for the trial and could cause prejudice against the defendant. The court must then make a determination on whether the evidence should be excluded. Overall, the evidence disclosure process in criminal defense law is designed to ensure that all parties in a criminal case have access to relevant evidence in a timely manner. This allows for a fair and equal proceedings, ensuring the rights of the defendant are protected.

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