Discovery Process in Prince George’s County DUI Cases
Prior to trial or the trial date, the discovery process in Prince George’s County DUI cases is essential; it is the evidence in the case. Evidence could be considered anything that is discoverable. Whether the prosecutor intends to use it or not, a defendant is entitled to see anything and everything that the prosecutor has including videos, statements, medical records, accident reports, calibration records of a breath test, et cetera.
Prior to trial, the state is obligated to provide the defense with all evidence so that a proper assessment could be made by the defense of any prosecution, any constitutional issues that may arise, and any factual issues that may be raised. The discovery is essential in assessing any matter so there are no surprises at the trial. A talented DUI attorney may know the correct way to handle the discovery process and could further help your case. Contact a lawyer today for a free consultation.
The Beginning of the Discovery Process
If a person is unrepresented, the process could begin if the prosecutor decides to send discovery to the defendant. In a routine DUI case, the discovery process may begin once an attorney enters their appearance and officially requests discovery. The defense attorney may submit their request for discovery to the office of the state’s attorney.
The defense could seek evidence from any party that may have it, but if somebody has already provided discovery to the state, then the state could provide the defense with discovery already produced. The defense may also seek evidence from outside parties.
Potential Evidence That May be Seen as Discoverable Materials
Discoverable material may include:
- Charge documents
- Police reports
- Accident reports
- Medical records
- Photographs and videos
- Body cameras
- Supplemental reports
Essentially any material that could be viewed as relevant may be considered or used for the discovery process in Prince George’s County DUI cases.
How Law Enforcement Handles the Discovery Process
The state attorney’s office may handle the discovery process in Prince George’s County DUI cases. Law enforcement may also provide the prosecutor’s office with all the records and reports, and the prosecutors or the state’s attorneys may respond in the discovery request and provide the evidence to the defense.
Who May Request the Discovery Process?
Maryland Court Rules require that the defense send a copy of their request for discovery to both the court and the state. The state is obligated to provide all discovery upon request of the defendant and could be discussed in an interrogatory. An interrogatory is a civil proceeding and is not a part of criminal proceedings for DUI cases.
In some instances of the discovery process in Prince George’s County DUI cases, a subpoena may be issued for more evidence. A subpoena is a court order compelling either a person’s presence at trial or production of certain evidence. A subpoena could be issued to have somebody come to trial as a witness and to testify. A subpoena could either have a witness come to court or it could be used to compel a party to provide documents, records, or any kind of evidence including videos, in advance of any court date.
Importance of a Prince George’s County DUI Attorney
DUI cases have deadlines when certain discovery requests have to be submitted and responded to. After the deadline passes, these requests may no longer available. By seeking the counsel of a seasoned DUI attorney, you could assure yourself that the discovery process in Prince George’s County DUI cases would be handled properly.