Going against the criminal justice system can be daunting for a Virginia resident. This is why preparing an aggressive criminal defense that attacks many aspects of the prosecution’s case can be one way to protect one’s rights. The discovery process is one way for the defense team to get an idea of the prosecution’s case and prepare accordingly.
What is discovery?
Both parties exchange information related to the case in the discovery process. The goal is to receive complete information, which is why different tools are utilized during discovery. Information that is not disclosed to the other party may not be introduced during the trial, which is why the discovery process is very important.
The types of discovery
Discovery can be in the form of oral statements, known as depositions. Witnesses are under oath to tell the truth and have to answer questions from both sides. There are little rules about the type of questions that can be asked, and the witness has to answer almost anything asked of them. This familiarizes each party with the other’s witnesses and how they will be in court.
Written statements are called interrogatories. They are directed towards people who are party to the lawsuit. the individual can either object or respond to the questions. This process allows each party to understand the other’s case.
Documents are also produced during discovery. In a criminal case, the prosecution must hand over all documents pertinent to the trial, even if the defense has not asked for them.
Discovery is an important part of one’s criminal defense. The process is tedious and lengthy, which is why having an experienced attorney by one’s side may be helpful.