What is Discovery in a Criminal Case?

Written By: Matthew W. Peterson

Published: 06/25/2023

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In a criminal case, discovery is the process of obtaining evidence that the other side may use during the trial. Both the defense and prosecution will receive copies of all the evidence that the other side has for the case. This is each side’s opportunity to look through all of the evidence the opposing side has. The purpose of the prosecution and defense exchanging trial evidence is to allow both parties to get a full picture of what will be presented at trial, to avoid any surprises regarding the facts of the case. If done properly, the process of discovery can be a time-consuming undertaking, but it is incredibly important to any case going to trial.

What is Included in Discovery for Both Parties?

Discovery for the defense (given by the prosecution) are:

grand jury minutes
- A transcript of all the testimony and evidence presented to a grand jury
Written or recorded statements or interviews
Any facts of an exculpatory nature
- Evidence or facts that point to the innocence of the defendant
Intended expert witness reports
The names, addresses, and dates of birth of any of the prosecution’s possible witnesses
The names and business addresses of potential law enforcement witnesses
A summary of all identification procedures
All relevant police reports or intended exhibits
Disclosure of all promises, rewards, or inducements made to witnesses the party intends to present at trial

The discovery from the Commonwealth (given by the defense) varies slightly, and includes:

Written or recorded statements or interviews
Reports of intended expert witnesses
All relevant police reports or intended exhibits
Disclosure of all promises, rewards, or inducements made to witnesses the party intends to present at trial

As you can probably tell, there is a lot that goes into the discovery process, and it is a vital part of the trial process. This is one of the reasons why it is incredibly important for defense attorneys to be detail-oriented. It is crucial that a defense attorney read through all discovery carefully, in case there is anything in those files that may be helpful for your defense. In fact, I’ve had cases where just one file is the key to planting “reasonable doubt” into the jurors’ minds.

The discovery process can be complex, and reading all the discovery from a case tends to be time-consuming, so it is crucial to hire an experienced defense attorney who knows the ins and outs of the process. If you’ve been charged with a crime, the Law Office of Matthew W. Peterson is here to help. I have successfully represented many clients in criminal defense cases, and I will do everything I can to make sure you feel confident going into a trial. I am not afraid to fight for you in court, and I do not shy away from jury trials.

I have office locations in Boston and Salem, Massachusetts, but we take on cases all over the state. Call or text my office today at 617-295-7500, and let’s get started on your defense!