Discovery is a process where the prosecutor and the defense share their evidence with each other before trial. The defense has a right to review all of the evidence the prosecutor and law enforcement have in order to be able to prepare a defense.

If the prosecutor withholds evidence from you that could have made a difference in the outcome of the trial, this is a violation of your constitutional rights and grounds for a new trial.

Most discovery is shared by the prosecutor and given to your attorney before trial. However, sometimes evidence is not disclosed until just before trial or even during trial. If this late-disclosed evidence compromises the defense’s ability to prepare for trial, then an experienced criminal defense attorney can file a motion with the judge to exclude this evidence from being introduced against you at trial.