Before Your Criminal Trial Begins: What To Expect
Posted on: 10 December 2019
Those arrested have many rights to a fair trial and one of those involves the trading of important case facts by both sides. Discovery means that the trial will proceed with very few interruptions and with both sides on equal footing. To find out what to expect during the discovery process for your trial, read on.
How Does Discovery Help?
Discovery makes things run smoother once the trial begins. It lets each side plan their cases, set trial strategies, and be prepared to refute damaging testimony and evidence. Discovery practices may also serve a more personal purpose for the accused. In some cases, the other side may have no idea of what your criminal defence lawyer plans to present as evidence of your innocence until that time. There is no reason to share evidence without discovery but what is revealed could change the course of the trial for some defendants. That is due to the plea bargain issue.
What to Know About Plea Bargains
This way of resolving court cases is extremely common and can help everyone dispose of matters quickly and easily. With a plea bargain, the defendant pleads guilty and is sentenced all in one action (in most cases). There's no trial because the defendant gives up that right when they accept the plea deal. What often happens, however, is that plea bargains can be offered very soon after the defendant is charged in an effort to make the case go away. Plea bargains based on the evidence shared during discovery may be far more advantageous for defendants who hold out for a trial and participate in discovery, however, particularly when important bits of evidence are only discovered later.
What is Involved in Discovery?
Anything pertinent to the case must be disclosed and shared during discovery using a number of various actions. For example, the deposition consists of all parties being questioned under oath about the alleged crime. Other than the deposition, you might expect the following case information to be exchanged:
- Witness statements.
- Photographs, videos, emails, texts, tweets, and social media posts.
- Flash drives, financial transaction records like receipts, toll receipts, etc.
- DNA testing results.
- Recorded testimony from law enforcement interviews.
All of this material is sifted through and evaluated by means of the deposition, admissions, interrogatories, document production requests, and more. To find out more about the way discovery can affect your trial and your plea bargain, speak to your criminal defence lawyer.
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