What is discovery?

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.

When should I hire a criminal defense attorney?
A criminal defense attorney can help you at any stage of the legal process, even after a conviction. However, the earlier you hire an attorney, the better. If you are under investigation by the police or have been arrested, contact an attorney right away to protect your rights.
Why should I hire a criminal defense attorney?
Your attorney is the only person standing between you and the immense resources of the criminal justice system. Your attorney protects your constitutional rights, strategizes for a more effective defense, guides you through the process, and negotiates and advocates on your behalf. Having an experienced criminal defense attorney will likely lead to a better outcome of your case, and can help make the process less stressful for you.
I’m not happy with my attorney. Is it too late to hire Mitch Foster?

It is important to have a good working relationship with your attorney. If you are considering a change, it is in your best interest to do this as early as possible in the process.

You may want to change attorneys for a variety of reasons.

  • You no longer trust your attorney
  • Poor communication
  • Your attorney is not giving you straight answers to your questions
  • Your attorney does not seem to be confident in court
  • Your attorney does not seem prepared 
  • Your attorney has not discussed your defense with you
  • You are being pressured to plead guilty by your attorney when you want to go to trial
  • Your attorney does not appear to be competent

You have a constitutional right to choose your own attorney. It's important to choose someone you trust—who is professional and keeps you well-informed so you can make important decisions about your case.

1 2 3 Last »