Discovery Process in Anne Arundel County DUI Cases
From the onset of a DUI case, there will be evidence collected by police and the state. This evidence, whether pertinent or not, is available to the defense as well. Revealing this evidence to the defense is called discovery. A skilled attorney may be able to help you through the discovery process in your Anne Arundel County DUI Case.
DUI Discovery Process
Once an attorney is retained as counsel for an individual, their responsibility is to enter their appearance in the case and formally request discovery from the State. The State will provide anything and everything related to a case regardless of whether it believes it is important or not upon request from the defense. A defense attorney will have the opportunity to decide what is relevant and useful in preparing their case.
Once the request for discovery is made, the State will provide evidence in either digital or physical forms. The information may include damage estimates and even a list of all witnesses to be called.
The discovery process begins as soon as a request is completed. The request for discovery has to be filed with the court and served upon the State in order for it to comply.
What Evidence Might be Included in Discovery?
Discoverable materials may include:
- Police reports
- Body camera footage
- Dash camera footage
- Medical records
- Accident reports
- 911 calls
- Witness statements
All of these materials may be invaluable to the defense and prosecution as part of the discovery process in Anne Arundel County DUI cases. An attorney could help determine what is important out of all the potential evidence.
Deposition During Discovery
Attorneys usually do not take a deposition in criminal law. The issue may come up if there is a witness that lives in another state or perhaps employed overseas. A deposition to ask questions while they are in the area while giving the other side an opportunity to cross-examine them would be allowed. That is the only time depositions are taken in criminal law.
What is a Subpoena?
A subpoena is an order for compliance with a party, individual or business. A subpoena can be served to force a person to come to court to testify or to bring documents. The State cannot be subpoenaed. A subpoena would be issued for an eye witness or third parties that may not be able to come to court or would need authorization in writing to be excused from work to come to court.
There are two main reasons that a subpoena is utilized in DUIs. One is to get a witness to come to court. The other reason for a subpoena is to obtain certain evidence from a third party.
There could be video surveillance of the DUI event so a subpoena to obtain those video records in advance of the trial would be important to see whether the report is accurate.
Hire an Attorney Today for Your Anne Arundel DUI Case
The State does not always comply with a discovery request unless it is closer to the court date. Although it is important to request discovery of the State as early as possible to have as much time as possible to prepare to defend the case. A skilled attorney may be able to help you start the discovery process to mount a successful defense. The sooner you act, the sooner the state may have to comply with your request. Call today to schedule a consultation and get started on the discovery process in your Anne Arundel County DUI Case.