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Discovery

The criminal discovery process in Florida is a critical component of the criminal justice system. It is a set of procedures that are designed to ensure that both the prosecution and defense have access to all of the relevant evidence in a criminal case. Sometimes, the discovery rules are ignored by the prosecution to harm your defense. This is why it is important to contact a criminal defense lawyer who can use the discovery rules to your benefit. The attorneys at Hanlon Law are extremely familiar with the discovery process and will use it in forming a robust defense in your favor. 


Types of Discovery



In Florida, there are several types of discovery that may be requested by either the prosecution or the defense. These include:


  1. Witness Lists: A witness list is a document that contains the names, addresses, and phone numbers of all of the witnesses that the prosecution or defense intends to call at trial.
  2. Police Reports: Police reports are documents created by law enforcement officers that detail their observations, statements made by witnesses, and any physical evidence collected at the scene of a crime.
  3. Expert Reports: Expert reports are documents that detail the findings and conclusions of any experts that have been retained by either the prosecution or defense.
  4. Physical Evidence: Physical evidence includes any items that were seized by law enforcement officers during an investigation, such as weapons, drugs, or other items that may be relevant to the case.
  5. Statements: Statements are written or recorded statements made by the defendant, witnesses, or other individuals involved in the case.


Limitations to the Discovery Process 


There are some limitations to the criminal discovery process in Florida. For example, the prosecution does not have to disclose information that is considered a working product. This includes information that was created by the prosecution's attorney in preparation for trial. However, the defense is entitled to any work product that was created by the prosecution's expert witnesses.


Another limitation is that the defense may not be able to obtain certain types of evidence. For example, the defense may not be able to obtain information about the victim's past sexual behavior in cases involving sexual assault. This information is protected by Florida's rape shield law, which prohibits the introduction of evidence about the victim's sexual history in most cases.


Timeline for Discovery


In Florida, the timeline for discovery is governed by the Florida Rules of Criminal Procedure. These rules require the prosecution and defense to disclose certain types of information within specific time frames.


The prosecution must disclose all witness lists and police reports to the defense within 15 days of the arraignment. If the prosecution intends to use any expert witnesses at trial, it must provide the defense with a copy of their expert reports at least 90 days before the trial.

The defense must disclose its witness list to the prosecution at least 10 days before trial. If the defense intends to use any expert witnesses at trial, it must provide the prosecution with a copy of their expert reports at least 60 days before the trial.


Consequences of Failing to Comply with Discovery Obligations


If either the prosecution or the defense fails to comply with its discovery obligations, there can be serious consequences. For example, if the prosecution fails to disclose exculpatory evidence, such as evidence that could help prove the defendant's innocence, the court may dismiss the charges against the defendant. Similarly, if the defense fails to disclose its witness list to the prosecution, the court may exclude those witnesses from testifying at trial.


In addition to these consequences, failing to comply with discovery obligations can also result in sanctions imposed by the court. These sanctions may include fines, contempt of court charges, or even jail time.


Contact a Kissimmee Criminal Defense Lawyer Today 


The criminal discovery process in Florida is a critical component of the criminal justice system. It is designed to ensure that both the prosecution and defense have access to all of the relevant evidence in a criminal case. Failure to comply with discovery obligations can result in serious consequences, including dismissal of charges or sanctions imposed by the court. It is essential for both the prosecution and defense to carefully follow the rules of criminal procedure regarding discovery to ensure a fair and just trial. The lawyers at Hanlon Law are ready and able to guide our clients through Florida’s discovery rules. We protect our clients from prosecution that will take advantage of them. 

For more information on the discovery process in Florida, contact the attorneys at Hanlon law today.

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