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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Vermont Civil and Criminal DUI

Most DUIs in Vermont have two components: a DUI civil and a DUI criminal. Both cases are handled at the same court, before the same judge, at the same time. Each case will have a

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What is Cash Bail?

  Cash bail in Vermont is either a secured amount of money or actual money that must be paid to allow a criminal defendant to be released from jail while awaiting trial. A bail bond

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Vermont DUIs – When are DUIs Most Common?

Vermont DUIs tend to peak around major Holidays. During the holidays, the number of travelers on our nation’s roads peaks as friends and family gather to celebrate. As a result of holiday parties and gatherings,

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Pre-Trial Motions in Criminal Defense

  After your arraignment and “before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions — arguments that certain evidence should

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What is Exculpatory Evidence in Vermont?

Exculpatory evidence is evidence favorable to the defendant in a Vermont criminal trial that exonerates or tends to exonerate the defendant of guilt. In other words, exculpatory evidence is evidence tending to excuse, justify, or absolve the

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Vermont DUI During the Holiday Season

  The holidays are full of snow and cozy cheer in Vermont. DUI enforcement is also enhanced during the holiday season. Vermont, like many states, devotes extra resources to DUI enforcement during the holiday season.

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