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Discovery

Introduction

Discovery is where criminal cases start to become real.

After charges are filed, the government is required to disclose information it intends to rely on. That process is called discovery. It determines what evidence exists, what has been documented, and what is missing.

Most people assume discovery is automatic and complete. In practice, it is neither. Understanding how discovery actually works explains why Criminal Defense focuses so heavily on timing, documentation, and follow-up.

What Discovery Is

Discovery is the formal exchange of information between the prosecution and the defense.

It typically includes police reports, witness statements, recordings, laboratory results, and other materials related to the case. Discovery does not decide guilt or innocence. It defines the universe of information the case will be built on.

What is disclosed, when it is disclosed, and how it is disclosed all matter.

Discovery Is Often Incomplete at First

Initial discovery is rarely comprehensive.

Early disclosures often contain basic reports and summaries but omit recordings, supplemental reports, lab results, or internal documentation. Additional materials may surface weeks or months later as testing is completed or as agencies respond to requests.

Defense strategy must account for the fact that discovery evolves over time.

Police Reports and Framing

Police reports usually anchor discovery.

They summarize events, justify stops and searches, and describe how evidence was located. But reports are not transcripts. They reflect an officer’s perspective, conclusions, and assumptions.

Discrepancies between reports and other evidence frequently become central issues in a case. This is why reports are read critically rather than accepted at face value.

These issues are addressed in more detail on the Police Reports page.

Recorded Evidence and What It Shows

Video and audio recordings play an increasing role in discovery.

Body-worn cameras, dash cameras, interview recordings, and surveillance footage can corroborate or contradict written reports. At the same time, recordings are limited by camera angle, activation timing, and what occurs off-camera.

Discovery review focuses not only on what recordings show, but also on what they do not.

You can learn more about this evidence on the Body and Dash Cameras page.

What Discovery Does Not Always Include

Discovery is governed by rules, not by assumptions of fairness.

Some materials may be delayed. Others may be withheld unless specifically requested. Certain internal notes or communications may not be disclosed at all unless a legal basis exists to compel production.

Defense review often involves identifying gaps, inconsistencies, and missing materials rather than simply reviewing what has been provided.

Discovery Disputes and Court Involvement

Disputes over discovery are common.

When information is delayed, incomplete, or contested, courts may be asked to intervene. Orders compelling disclosure or setting deadlines often arise during the pretrial phase.

Discovery disputes can affect case timelines, negotiation posture, and trial preparation.

How Discovery Fits Into the Criminal Process

Discovery occurs after arraignment and continues through pretrial proceedings.

It informs motion practice, negotiation, and trial strategy. As new information is disclosed, legal positions shift and case evaluations change.

For a broader view of where discovery sits, see the Criminal Process overview.

Practical Takeaway

Discovery defines the playing field.

It determines what information exists, what the government plans to rely on, and what may be challenged. Incomplete or delayed discovery is common, which is why careful review and follow-up are essential.

Criminal cases are not decided by accusations alone. They are shaped by what discovery reveals and what it leaves out.