If you’ve been arrested or charged with a crime in San Diego, one of the first questions you might ask is:
“What evidence does the prosecution have against me?”
The answer can be found in a process called discovery. Discovery is the legal exchange of evidence between the prosecution and the defense before trial, and it shapes almost every decision that follows, from motions to plea negotiations to trial strategy. Scheduling a criminal defense consultation in San Diego early in your case provides McKenzie Scott’s experienced attorneys with an opportunity to review the discovery, identify problems, and build your defense.
What Is Discovery in a Criminal Case?
Discovery is the court-supervised process where the prosecution and the defense share the evidence each side plans to rely on. It is not a single document or a single moment. It is an ongoing exchange that can continue for weeks or months after charges are filed, and both sides have a legal duty to keep sharing new information as it develops.
Discovery in a California criminal case typically includes:
- Police reports and incident narratives
- Body-worn camera and surveillance video
- Written or recorded witness statements
- Photographs and physical evidence logs
- Expert opinions and forensic lab results
Not everything in the discovery file gets used in court, but both sides are entitled to see it so they can make informed decisions. For our clients, discovery is the foundation for identifying weak spots in the prosecution’s case and finding evidence that supports their side of the story.
What Evidence Must San Diego Prosecutors Turn Over (and When)?
California law requires prosecutors to disclose specific categories of evidence to the defense, including anything that could help the accused, such as evidence that contradicts a witness or supports an alternate explanation. This is known as exculpatory evidence.
Evidence that prosecutors are generally required to share includes:
- The names and addresses of persons the prosecutor intends to call as witnesses at trial
- Statements of all defendants
- All relevant real evidence seized or obtained as a part of the investigation of the offenses charged, including police body-worn camera footage
- The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial
- Any exculpatory evidence
- Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial
Timing matters as much as content. Some materials are shared soon after charges are filed, while others surface later as the investigation continues. If evidence is turned over late, the defense may not have enough time to review it or build arguments around it. When that happens, we raise the issue with the court, and in serious cases a judge can exclude the evidence or grant a continuance.
What Is Exculpatory Evidence (Brady Material)?
Exculpatory evidence, often called Brady material after the U.S. Supreme Court case that created the rule, is any evidence that could support reasonable doubt about the prosecutor’s case, including evidence that discredits or impeaches prosecution witnesses. Prosecutors have a constitutional duty to disclose this evidence to the defense whether or not the defense asks for it. Withholding exculpatory evidence can violate a defendant’s right to a fair trial and, can sometimes lead to a case being dismissed or overturned on appeal.
What Happens When Discovery Is Late, Missing, or Incomplete?
Discovery does not always proceed as anticipated. Reports can go missing, evidence may be overlooked (or withheld), and sometimes information is produced shortly before trial. When information is delayed or withheld, it can seriously hurt the defense’s ability to prepare. Remedies for late disclosure usually include a continuance of the trial – which is especially frustrating when defendants are in custody awaiting their day in court – or, occasionally, exclusion of the evidence entirely.
How Do Defense Attorneys Use Discovery to Build a Defense Strategy?
Once discovery materials arrive, there is a great deal of work that must be completed. Our San Diego criminal defense attorneys review every page to guide investigation and to prepare a robust defense. Attorneys and staff look for patterns, inconsistencies, and holes in the prosecution’s version of events. Discovery (and resulting independent investigation) is the evidence base for nearly every strategic decision in a criminal defense case.
Discovery helps our team:
- Identify flaws in how an arrest or search was handled
- Develop defenses and other exculpatory evidence
- Request additional information and evidence that should be available
- Expose bias or inconsistency in witness testimony
- Research mitigation and/or alternate explanations for the alleged conduct
- Support motions to exclude improperly obtained evidence
What Happens When New Evidence Appears Right Before Trial?
Occasionally, new evidence surfaces close to trial. A report may be filed late, or a witness may come forward unexpectedly. When this happens, the court has to decide whether the new evidence should be allowed.
The side introducing the late evidence must explain why it was not disclosed sooner, and the judge decides whether allowing it in would unfairly prejudice the other side. If the answer is yes, the court can delay the trial or exclude the evidence entirely. Tracking deadlines and following up on outstanding discovery early in the case gives our team room to respond quickly and protect a client’s rights if something unexpected surfaces.
Why Discovery Matters for Your Case
Discovery is not merely stacks of paperwork. It is a window into what the prosecution knows, what it is missing, and where its case may be vulnerable. Understanding what is in the file, and what might be missing from it, shapes how confident a defendant can feel about fighting the charges through trial or considering other options.
Talk to a San Diego Criminal Defense Attorney About Discovery
At McKenzie Scott PC, our criminal defense lawyers understand the stress and uncertainty that comes with facing criminal charges in San Diego, which is why we walk clients through every step of the process, including how evidence is exchanged before trial. Reviewing our Criminal Defense FAQ is a good place to start, and scheduling a free criminal defense consultation in San Diego is the next best step.
Call us today at (619) 794-0451 or contact us online to discuss what is ahead and start building a strategy together.
