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Video Q&A

When Do We Get Discovery? // Right Law Group

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another question we get is when do I get Discovery that depends on a couple of factors the most important thing do you have a lawyer so if you have a lawyer your lawyer as soon as they enter on the case and let the courts and the D.A know that you're represented by them they should be requesting that Discovery and so then it's up to the DA's office or whatever law enforcement agency to get that information to us the rule is they have to give us whatever they have in their possession as soon as it comes in so if we'd reflected Discovery we should be getting that in generally we see it take about two or so weeks for that process to go through to completion to make sure we're getting all the initial reports
Alexis Austin LitleWatch clip ↗
now Discovery is an ongoing process so for example if you have a DUI case then we don't yet have blood results once the DA's office gets those blood results they have to send it to us so that's more Discovery you may hear people say supplemental Discovery basically what that means is initially we reflect Discovery and get the whole packet of everything the D.A has at that point in time but if they get any more information if they do any more investigation if there are any more police reports if more people get statements if they collect more evidence they then have to give us that supplement or additional Discovery as it comes in
Alexis Austin LitleWatch clip ↗
now as defense attorneys we are constantly watching to make sure that the D.A is not sitting on evidence or holding evidence or just not realizing that they have it we're always making sure that we're staying on top of that but it's ultimately the DA's job to make sure that anything that they have is given to your defense attorney
Alexis Austin LitleWatch clip ↗
now if you don't have an attorney it gets a little trickier in most counties you can go to the district attorney's office and request a discovery yourself but the process varies by County so you have to go in and you have to go say hey I'm a pro se in other words I'm without an attorney I'm a Pros they live again I need to request Discovery and they can guide you through that process most jurisdictions should give you your Discovery in its entirety they may redact portions of it though so a lot of the times they'll redact in other words black out things that they don't want to General Public to have like Social Security numbers or addresses
Alexis Austin LitleWatch clip ↗
for attorneys they don't do that they give us all of it up front and we get all the discovery that you could possibly have in your case and we do it pretty quickly so I always as you know recommend getting a criminal defense attorney to support you no matter what you're charged with anything from a speeding to a homicide you need a criminal defense attorney on your side
Alexis Austin LitleWatch clip ↗
the way you request Discovery is also very much facilitated and made easier by having that attorney because you don't have to worry about it that's our job we requested we get it to you and then it usually takes about two to three weeks depending on the DA's office
Alexis Austin LitleWatch clip ↗
now as defense attorneys we are constantly watching to make sure that the D.A is not sitting on evidence or holding evidence or just not realizing that they have it we're always making sure that we're staying on top of that but it's ultimately the DA's job to make sure that anything that they have is given to your defense attorney
Alexis Austin LitleWatch clip ↗
now if you don't have an attorney it gets a little trickier in most counties you can go to the district attorney's office and request a discovery yourself but the process varies by County
Alexis Austin LitleWatch clip ↗
I always as you know recommend getting a criminal defense attorney to support you no matter what you're charged with anything from a speeding to a homicide you need a criminal defense attorney on your side
Alexis Austin LitleWatch clip ↗