What is Discovery?

Discovery is an important part of the criminal defense process in Vermont. After a defendant is arraigned the prosecutor must produce copies of (or provide access to) the specific evidence in the State’s possession that the prosecutor believes can prove the defendant’s guilt of the charged crime.

During discovery the prosecutor must turn over any recordings, documents, statements or other evidence that the state intends to introduce against the defendant at a jury trial. If the prosecutor fails to timely produce evidence to the defense, the evidence may be suppressed.

Once your Vermont criminal defense attorney reviews the discovery in your case, she can begin to develop a defense that takes into account the evidence that the prosecutor intends to introduce against you at trial. For instance, it is useful to know if there is security footage of a defendant at the scene of a crime. If such evidence exists and is produced in discovery, it may make an alibi defense less useful or plausible. Alternatively, it could make an affirmative defense or other defense theory more effective.

The experienced attorneys at Burke Law can help you understand your discovery and help develop an effective defense strategy. Contact us for a free, confidential case consultation today.

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