Criminal law is dictated by complex rules of evidence and procedure. One of the most important aspects of a criminal case is discovery. Under Colorado Rules of Criminal Procedure, prosecutors must provide your Lakewood criminal defense attorney with all discoverable materials within specific timelines.
Here is what you need to know about criminal discovery and its impact on your case.
What Is Discovery in a Court Case?
Discovery is the formal exchange of information and evidence in court cases. It occurs in criminal and civil cases. The reason behind discovery is it allows attorneys to prepare for their cases and avoid surprises.
What Rules Regard Discovery in a Criminal Case in Colorado?
Rule 16 of the Colorado Rules of Criminal Procedure outlines the discovery process. This rule describes the type of information subject to discovery, the prosecutor’s responsibilities for providing it, how to obtain discoverable information, and deadlines related to discovery.
What Type of Information Can I Receive from Discovery?
Information that your Lakewood sexual assault defense attorney may be able to obtain through discovery includes:
- Police, arrest, and offense reports, including witness statements
- Grand jury testimony and tangible evidence presented to the grand jury
- Any reports or statements from experts related to the case, including physical and mental examinations, scientific tests, experiments, or comparisons
- Any books, papers, documents, photographs, or tangible objects held as evidence in the case
- Your history of prior convictions
- The history of any codefendant’s prior convictions
- The names and addresses of all witnesses the prosecution intends to call as a witness and their prior criminal conviction records
- All tapes and transcripts of any electronic surveillance conducted in the case
- Any written or recorded statements from you or a codefendant
- Any material or information that negates your guilt or would reduce the punishment
Additionally, your criminal defense attorney can conduct their own investigation to uncover other information that may aid in your defense and complete a criminal justice records request to obtain public information.
When Must Discovery Be Made?
Rule 16 of the Colorado Rules of Criminal Procedure generally requires a prosecutor to provide discoverable materials “as soon as practicable” but no later than 21 days after the defendant’s first appearance after the filing of criminal charges. If specified reports contain nondiscoverable information, discovery can wait until after there is a hearing on the matter and the judge determines whether the information is discoverable. In that event, the prosecutor must notify the Lakewood domestic violence defense lawyer that information has not been disclosed.
Contact an Experienced Criminal Defense Lawyer for Help with Your Discovery Requests
At The Law Offices of Elaine E. Lukic, we understand how intimidating it can be to confront the criminal justice system alone. We are here to help you with every aspect of your case, including conducting extensive discovery requests to help prepare your defense and identify plausible strategies to aid in your acquittal or dismissal of charges. Call us today for a confidential case review where we can discuss your particular situation and how we can help.