When Will I Get the Evidence Against Me?
When the state files charges against you, it’s safe to assume that prosecutors have evidence that implicates you and can be used against you at trial. All defendants have the right to access this evidence through what is known as the discovery process. During this stage of criminal proceedings, your attorney can request all of the evidence that is being used against you and Texas law requires that the state provide that evidence as soon as practicable. How long it actually ends up taking to receive it, however, varies depending on the complexity of the case, the volume of the evidence, and your attorney’s promptness and persistence when making requests from the state.
What is the Discovery Process?
Under the Texas criminal code, prosecutors are legally obligated to disclose evidence to a defendant upon receiving a formal discovery request from his or her attorney. Once this disclosure has been triggered, the state must produce the evidence as soon as practicable. While there is no set time frame for this exchange, it usually occurs:
- After the indictment by a grand jury (for a felony offense) or
- After the case is filed (for misdemeanor charges);
This process can take anywhere from a few weeks to many months depending on which county you’re in and also the amount of scientific evidence needing to be tested by a lab. Once requested and received, a defendant’s attorney can start reviewing the evidence for its strengths and weaknesses and can begin crystalizing a case strategy if they had been waiting on particular evidence that could only be obtained through the discovery process. This evidence can include everything from photographs and video surveillance to eyewitness testimony and police reports. Again, the kinds of evidence used in a case will depend on the charges in question.
How Long Does Discovery Take?
The amount of time it takes for the prosecutor to hand over the evidence being used in a particular case depends on a couple of different factors. For instance, the more complicated the circumstances of a case, the longer discovery will likely take. This can include situations in which a defendant is facing multiple charges or has been accused of both state and federal crimes. Similarly, the more scientific or forensic evidence that is needed in a case, the longer it will take for the state to compile that evidence and turn it over to the defendant’s attorney. Finally, an attorney’s promptness in requesting the evidence and following up with the state will affect how long the discovery process takes.
Contact Our San Marcos, TX Criminal Defense Lawyers
Having an experienced attorney on your side can make all the difference when it comes to how quickly you receive the evidence being used against you after you have been charged with a crime. To learn more about the discovery process and the ins and outs of obtaining evidence in your own criminal case, please call The Law Offices of David C. Hardaway and set up a meeting with one of our dedicated San Marcos and Hays County, Texas criminal defense lawyers today. You can schedule a one-on-one meeting with a member of our legal team by calling 512-805-6613 or by completing one of our online contact forms.
Source:
statutes.capitol.texas.gov/Docs/CR/htm/CR.39.htm#39.14