Many rights help to protect criminal defendants. Most people are familiar with their Miranda rights, which include the right to legal representation and the right to remain silent while in state custody. There are many other important rights that protect those facing criminal charges.
Defendants have the right to know the allegations against them and the right to request a trial by jury. They also have the right of discovery. The defendant or the lawyer representing them in a criminal matter can ask the prosecutor for access to all of the state’s evidence before the case goes to trial.
The right to review the state’s evidence is an important protection for criminal defendants. What benefits do defendants usually derive from using their right of discovery?
The ability to develop a strong defense strategy.
The right of discovery gives the defense team an opportunity to review the state’s evidence. In some cases, there may be issues with documentation that could raise questions about the accuracy or validity of scientific evidence.
Other times, there might be questions about police officers’ conduct that could help a defense attorney exclude certain evidence from a trial. The defense team can also bring in expert witnesses and prepare strategies for cross-examining witnesses. Access to evidence ahead of time can play a key role in the development of an effective court strategy.
The right to request a continuance
In some cases, the prosecutor’s office may not comply with discovery requests. Communication issues or high case volumes could contribute to an issue where a defense team does not receive the evidence requested using the right of discovery.
In such cases, defense attorneys not granted access to evidence might be able to ask the courts for a continuance. They can delay the beginning of the trial to secure an opportunity to analyze the evidence beforehand.
Making sense of the various rules that apply to criminal trials can be challenging for those preparing to fight criminal charges. Hiring a criminal defense lawyer can help people understand and make use of their rights when facing criminal charges. An attorney can invoke the right of discovery and develop a defense strategy based on evidence the state has gathered.
