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Indianapolis Criminal Defense 317-636-7514<\/p><\/div> Most states do not give criminal defendants the automatic right to discovery, but many will still allow it depending on a range of factors. Each state has their own unique set of procedures for criminal discovery, all of which are contingent on timing, method, time frame, and more. Regardless of state legislation, all defendants have a particular constitutional right to exculpatory evidence, also known as \u201cBrady Evidence\u201d (Brady v. Maryland case). If a state fails to comply with this right, it is known as a \u201cBrady violation.\u201d<\/p>\n The discovery process is a likely opportunity for both parties in civil cases, such as tort claims and divorces. That is because most states have rules that give all civil parties the automatic right to request any type of information or evidence. In criminal cases, however, the process is much different. In contrast to civil cases, the prosecution does not have to obtain evidence the defense would like to have; instead, they must disclose the evidence they already have against the defendant. <\/p>\n Similarly, state agencies have rules that govern how a defendant can get information about the evidence against them, including when they can obtain it and to what extent. Because a defendant must make a written motion to formally request criminal discovery, as well as, appear at a hearing to acquire a ruling approving discovery, it is strongly recommended to hire a licensed Indianapolis criminal defense attorney<\/a> who can implement all the legal paperwork and defend your rights. <\/p>\n David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call Attorney David E. Lewis at 317-636-7514<\/strong> for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.<\/p>\n","protected":false},"excerpt":{"rendered":" When a person is accused of a crime, they have several rights according to our country\u2019s Constitution. Of these rights, a common criminal process called discovery is not necessarily one of them. However, it is a process that can be … Continue reading
\nThe United States Constitution gives all criminal defendants the right to face their accuser in trial, but it does not provide them the right to know details of all the evidence the prosecution has against them. Although the U.S. Constitution does not decree this as a citizen right, there is a process known as criminal discovery<\/em> that allows a defendant to have knowledge of the evidence that will be presented in trial in support of the prosecuting attorney\u2019s case. <\/p>\nCivil vs. Criminal Discovery<\/h1>\n
Criminal Defense That Doesn\u2019t Stop Fighting For You<\/h2>\n
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