Defendants have a constitutional right to know their accusers and the nature of the charges and evidence. We typically call this the discovery process. In Florida, if a defendant wishes to participate in the discovery, he or she files a discovery demand, which initiates the obligations of both the state and the defense.
Discovery Demand
Defense counsel will enter a plea of not guilty on behalf of their client at an Arraignment and demand discovery. In the alternative, defense counsel will enter several notices to the Court all at once. These include a notice of appearance (informing the Court that the Defendant is represented by counsel), a written plea of not guilty (waiving Arraignment), and a demand for discovery, (informing the Court that the Defendant wishes to participate in the discovery process). If defense counsel went to Arraignment, the State has 15 days from Arraignment to comply with their discovery obligation. If defense counsel waived Arraignment, the State still has 15 days from the day the Arraignment would have occurred to comply.
What does the State’s Duty to Disclose Include?
The State has a duty to disclose any and all potential witnesses, expert witnesses, investigating officers, statements, exhibits and reports. This includes exculpatory evidence. And it is a continuing duty.
Does the State always comply?
It is not uncommon for the State to not fully comply within 15 days. Just from a common sense perspective, there is only one State that handles all of the prosecution cases. There are lots of attorneys handling criminal defense cases. It is more difficult for the State to keep up. It is a professional courtesy for the defense attorneys to give a little leeway. Also, it is important for defense attorneys to keep a cordial relationship with the State. If a defense attorney constantly files motions to compel discovery against a state attorney, that state attorney can refuse to negotiate, not agree to continuances, and otherwise make a case difficult for a defense attorney. This is not to say that the State can get away with discovery violations. If the State is clearly withholding evidence or hiding evidence or other crucial information, your attorney will follow the proper procedures, which may include a motion to exclude evidence.
The right to a fair trial is foundational to the justice system and is a constitutional right. The discovery process supports this right by making sure that both parties are fully prepared, making the trial as fair as possible.
Discovery is a fundamental part of ensuring justice. For anyone facing criminal charges, it’s best to have a defense team that is thorough, diligent, and handles delicate relationships like a pro. At Heather Bryan Law, P.A., we commit to ensuring that all evidence is carefully reviewed and utilized to support our clients’ defense. If you need legal assistance or have questions about the discovery process, please contact us at (863) 825-5309. We’re here to help protect your rights and fight for positive outcomes.
Heather Bryan Law, P.A.
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