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An Overview of Discovery by Our Albuquerque Criminal Lawyer
10 Aug 2015

An Overview of Discovery by Our Albuquerque Criminal Lawyer

Albuquerque Criminal LawyerClients sometimes ask our Albuquerque criminal lawyer about the criminal discovery process and what that involves. Discovery includes three steps as follows:

Voluntary Disclosure – Step 1

At the arraignment, the prosecution might make a disclosure in the case, which could include the following information:

  • Your criminal record
  • Copies of statements you made to the police, as documented in the police report or
  • Further offers to provide you with documentary evidence.

The Request for Discovery – Step 2

The courts usually want your Albuquerque criminal lawyer to informally ask for discovery before your attorney actually files a formal discovery motion. Some jurisdictions even have a standard form that the defense can submit to opposing counsel. However, the form might not provide enough detail, so your lawyer might add a supplement to further explain the listed information.

The Motion for Discovery – Step 3

If your Albuquerque criminal attorney does not receive the necessary information, he might file a formal motion for discovery. However, the law does not favor the defense in discovery matters. Even so, some courts will order the prosecution to provide discovery, at least in part. They especially listen to the following arguments:

  • Your lawyer cannot provide effective counsel regarding a guilty plea because he or she does not have enough information about the case. The sooner that the defense receives that material, the sooner the case can be resolved, possibly through a plea agreement.
  • This case does not pose a threat to any witnesses.
  • Your lawyer needs discovery as soon as possible in order to investigate the validity and admissibility of evidence. If your side does not receive the material prior to the start of the trial, you might need to seek a continuance.
  • Some materials, such as those in white-collar cases, are especially lengthy and take a long time to review. When the defense has sufficient time to review these documents, both sides will more easily be able to focus and possibly accelerate the trial.

Call Our Albuquerque Criminal Lawyer

If you have questions about the discovery process and your related responsibilities in a case, contact our Albuquerque criminal attorney from the Twohig Law Firm at at (505) 898-0400.

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