What is Discovery in a Federal Criminal Case?

When the government initiates a criminal investigation and ultimately moves forward with an arrest, the federal criminal trial process is lengthy and complex. There are many different components that a person who has been arrested and subsequently charged must anticipate, including discovery in a federal criminal case. What is discovery, and where does it fall in the overall process of federal criminal proceedings? Consider the following information from our Tampa federal criminal defense attorneys, and contact our firm as soon as possible if you need assistance building a defense in a federal criminal case — whether you are currently under investigation or you have already been arrested and indicted.

What is Discovery?

Discovery is part of nearly every type of legal case, both civil and criminal. It occurs during the pre-trial phase, and it is the name for the process in which both sides of the case — in a federal criminal trial, meaning the government or prosecution and the defense — gather information.

In the discovery phase of a federal criminal case, both sides can request different forms of evidence from the other side, and they can also call witnesses in order to gather information. The purpose of calling witnesses during discovery is so that the side calling the witness can gain information about what information the witness has, and how that information will impact the case.

Requests can be made for production of documents, depositions, interrogatories, and more. Subpoenas can also be issues during discovery that can compel the production of certain documents or materials and can compel testimony from a witness.

Calling Witnesses in Discovery

Witnesses are often called during discovery in order to understand the information the witness has and how it will impact the case.

Generally speaking, there are three different kinds of witnesses that can be called: lay witnesses (who are not experts but are being called because they witnessed an event, for example, and are being asked to describe what they saw), expert witnesses (who are specialists in a particular area, and typically have a specific educational background or certification that makes them an expert), and character witnesses (who know one of the parties in the case and are being called to provide information about a particular person’s character).

Contact a Tampa Criminal Defense Attorney for Assistance Developing a Defense to the Federal Charges You Are Facing

The different stages of a federal criminal process can be complex, and they can take a relatively long amount of time. Given the complexity of the federal criminal justice system, it is essential to have an attorney on your side who can ensure that you are doing everything possible — from as early on as possible — to avoid a conviction. Many federal criminal charges are serious felonies, even white-collar criminal offenses. Indeed, many white-collar crimes can result in years or even decades of imprisonment upon conviction. An experienced Tampa federal criminal defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about the case the government is building against you and to assist you with your defense.

Source:

justice.gov/usao/justice-101/discovery