Motions for discovery

Marijuana-related cases, in California, involve a number of different charges, ranging from some relatively minor infractions (such as possession of less than one ounce of marijuana) to serious felonies (such as manufacturing the drug). Regardless of the charge, an experienced California criminal defense lawyer will want to ensure that he or she has any and all evidence that is relevant to the defense case and, as a result, will typically file a motion for discovery during the pre-trial stages of his or her client’s case.

“Discovery” refers to all of the evidence that will be used to prosecute or defend a case. It typically includes, but is not limited to, a witness’s personal information (including his or her name, address and any relevant criminal history), any statements that were made by the accused, written or recorded statements that were made by witnesses, any evidence that was seized or otherwise obtained during the arrest or subsequent criminal investigation, the results of any chemical tests that were performed and any exculpatory evidence – that is, evidence that points to the defendant’s innocence. This evidence is usually provided by the prosecution to the defense without the defense having to file a motion, as the law regulates discovery in the interest of fairness. This type of discovery is generally provided to the defense at the defendant’s arraignment, unless it isn’t available at that time. It must be noted that discovery is an ongoing process, as new information and evidence is often uncovered or revealed even up through one’s trial. When new discovery is uncovered, it is up to the discovering party to promptly disclose it to the other side in order to avoid sanctions.

Discovery, as stated above, it an ongoing process and is generally informal as well. Both sides are expected to “turn over” their relevant evidence to the other, either automatically (under certain circumstances) or upon request by the adverse party. If those requests are denied or ignored, a formal motion will likely be filed. Formal discovery takes place when one side files a motion for discovery, which is then heard and ruled on by the judge. If the judge orders one of the parties to disclose information to the other and his or her order is subsequently ignored, the judge may issue sanctions and/or additional penalties, as he or she deems appropriate.

The defense attorney will typically file a motion for discovery when it believes that some or all of the prosecution’s evidence hasn’t been “turned over” after informally requesting it or when he or she has a “hunch” that otherwise protected evidence may be relevant to his or her client’s case. An example includes a Pitchess motion, where the defense seeks private information contained in an officer’s personnel file that they believe will be relevant to their case.

Motions for discovery are extremely important to the defendant’s case. It is crucial that the criminal attorney for the accused has mastered the technical laws that regulate discovery so that he or she knows exactly what information he or she is entitled to, what information he or she has a right not to disclose and how to convince a judge to rule in his or her favor when it comes time to determine whether evidence should be “turned over” to either side. The outstanding attorneys at The Kavinoky Law Firm specialize in California marijuana defense and know the types of evidence that they need in order to successfully defend their client’s cases. They will ensure that their client’s case isn’t blindly processed through the criminal court system without the best defense. These exceptional attorneys are in it to win! For more information about how they are determined to provide unsurpassed representation, contact them today for a free consultation.