Howard County DUI Discovery Process
Discovery is any evidence in the case the state has, regardless of whether there is an attempt to use it or not. It is not their choice as to whether it is appropriate to provide. It is up to the defense to decide whether or not they want to use it. Upon request, the state has to provide everything they have to the defense, so there is no trial by an ambush and the defense can assess whether the prosecution has sufficient basis to go forward against the defendant. For more information on discovery, refer to a knowledgeable DUI lawyer.
When Does the Discovery Process Begin?
The discovery process in Howard County for a DUI begins as soon as an attorney enters their appearance and files the request for it. Generally, anything that the other parties have can be requested to the district attorney’s office. It is also appropriate to obtain whether it could be a private business or entity that has evidence, videos, or documentation of any kind. Discoverable materials include police reports, accident reports, chemical tests, photographs, summaries, narratives to police, and things of that nature. Upon request, the state has an obligation to provide discovery in advance of trial.
Where the Request for Discovery is Submitted
Where the request for discovery is submitted is up to the government’s federal state. The request is filed with the court, but a copy of the filing is submitted to the state. They need both at the same time. The state is obligated to provide any form that is appropriate. They usually email it and send a disk as long as lawyers have copies of and can utilize it.
What is a Subpoena
A subpoena is an order of either production or appearance. Neither the defense nor the state has the right to subpoena records, meaning they just cannot provide payroll records, work records, hours, or whatever it may be. Also, a subpoena could be an order that a person is commanded to appear in court to bring testimony or other evidence to court in an opus proceeding. Any person charged has subpoena rights and can compel witnesses to come forward, even if they do not want to on their own accord.
If there are witnesses, a subpoena is issued to make sure they show up to court to testify on their behalf. It is also used if there is to get surveillance footage of a business that has captured part of the incident or other records. Subpoenas can be used in the Howard County DUI discovery process. The role is to command a person to either show up or produce evidence that is related to a criminal case.
Important Information About Discovery in DUI Cases
It is important to know that the Howard County DUI discovery process takes time. It can be a number of weeks, even after requested before the defense learns the full extent of the state’s evidence in preparation for trial. Ultimately, lawyers will answer a lot of questions on the strength of this case and how to best proceed.