Discovery: What It Means In A Criminal Case In Orange County

Criminal Defense Lawyer in Orange County

If you are facing charges for domestic violence, drug possession, drug sales or any other crime in the Orange County courts then you and your Orange County Criminal Defense Lawyer have the right to know what evidence the District Attorney has against you. The obligations of the District Attorney and your domestic violence attorney to put their cards on the table is referred to as “discovery”. In a domestic violence or other criminal case California Penal Code Section 1054 requires the DA to provide the following:

1.      The names and addresses of persons the prosecutor intends to call as witnesses at the domestic violence, theft, burglary, drug sales, drug possession trial or trial for any other criminal offense

2.      Statements of all defendants

3.      All relevant real evidence seized or obtained as part of the drug sales, drug possession, domestic violence or other criminal investigation

4.      The existence of a felony conviction for DUI, theft, domestic violence or other crime of any material witness

5.      Any exculpatory evidence in the assault & battery or other case

6.      Relevant written or recorded statements of witnesses in the drug case, domestic violence case, or other criminal case or reports of any statements made be witnesses the DA intends to call at trial.

Other information or discovery that your criminal defense attorneys in Orange County may want to obtain, depending on your case, is information about any complaints against the arresting officer for misconduct. This is called Pitchess discovery. Your criminal defense lawyer may also want to get records or information from a third party. Your defense attorney can use a subpoena duces tecum to do that. Your lawyer can also use the subpoena process to compel just about anyone to appear as a witness at the trial.

In cases where the police destroyed some evidence during an investigation for domestic violence or didn’t preserve evidence in a drug possession case, an Orange County domestic violence lawyer and a drug attorney were successful in filing a motion for “sanctions” at trial. Other discovery your defense lawyer may want is a “lineup” whereby the witness is required to identify the alleged defendant out of a group of fairly similar looking people.

If you are facing criminal charges and would like to consult with  experienced Orange County criminal defense attorneys, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Lawyers in Orange County