"If only I could see the prosecutor's file!" Well, by law, you can. This is called Discovery.
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Georgia Criminal Defense Lawyer describes Discovery as any evidence the prosecutor has in a criminal case. This may include audio or video tapes of the arrest, the police report or incident report, and witness statements.
There are 2 aspects to Discovery in Georgia:
1. Georgia’s statutory law on criminal discovery.
2. The United States Supreme Court case popularly known as the “Brady” case. Brady states that you have (1) the right to know the charges against you and (2) the prosecution is to provide you with any evidence in your case that may be favorable to your defense.
With felony charges, you have the option to get involved in the Discovery process. If you opt in for Discovery, the Prosecution must provide you with any favorable evidence they have in your case and in exchange you must provide the Prosecution with any evidence you intend to use in your defense.
With misdemeanor charges, the Georgia Statute is not required, but the U.S. Supreme Court case Brady comes into play which means that you have the right to know the charges against you and that the prosecution must provide you with any evidence in your case that may be helpful for your defense.
It is important that when you are facing criminal charges in Georgia that you speak to an Experienced Criminal Defense Lawyer. A Georgia Criminal Defense Attorney can help you file the necessary motions to start the Discovery process.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney: Anne Bishop is a Georgia Lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.