Discovery Process

The Atlanta DUI discovery process can be given immediately when the case is filed by the state. There needs to be a filing of an accusation in most jurisdictions before the state will receive any motions for discovery. Discovery does not need to technically be complied with until ten days before a jury trial or trial date. It may be critical to the outcome of your case for you to learn more about how the discovery process works by working with a skilled DUI attorney.

Discovery, as a misdemeanor case, is a one-way street. That means the defendant has the ability to request discovery from the state. A person is allowed to get scientific reports. A person is allowed to get a copy of the witness list and their statements. Discovery on a misdemeanor case is minimal. Police reports, videotapes, witness lists, and chemical test results are all considered discoverable material evidence.

However, under Brady v. Maryland, the person is entitled to the exculpatory information. It arguably could be a videotape and other evidence. A videotape is not discoverable by definition under Georgia law. However, it may contain favorable information and should be provided under that account.

Law enforcement is not involved in the Atlanta DUI discovery process. It is the solicitor’s office that provides the discovery. A person could do an open-record request to the government. But generally, a person is going to get more information by going through the solicitor’s office. In referring to the government, the solicitor’s office or the prosecutor’s office are the ones who provide the discovery.

Interrogatories do not apply to the Atlanta DUI discovery process. As defined by law, a subpoena is a formal document requiring a person to appear at a certain place and a certain time, and perhaps bring documents to the court to testify on someone’s behalf. A subpoena, simply, is the official order to appear at a certain place in time. The state will subpoena its witnesses to prove that the defendant was guilty beyond a reasonable doubt. A defendant has the opportunity to subpoena or bring in other witnesses to testify on their behalf.

The discovery process in Atlanta DUI cases is helpful and providing some favorable information to an Atlanta DUI attorney is the key to determining what exists in the case. Having an understanding of the Atlanta DUI discovery process and its relation to evidence takes experience that a local attorney can give. An attorney with experience defending drunk driving charges and offenses can be a beneficial adviser on how to proceed with your case. Ultimately, the way your case proceeds is completely up to you. However, it may be critical to the future outcome of trial to hire a trusted lawyer who has your best interest in mind and who will fight for you.