Discovery Process in DeKalb County DUI Cases
One of the most vital steps in building a defense against a DUI charge is the “discovery” process. Through this process, the defendant is able to gather information about the evidence against them, allowing them to strategize their defense. However, to take full advantage of the discovery process in DeKalb County DUI cases, it is strongly recommended that you work with an experienced attorney.
One of our legal professionals at Hawkins Spizman can take charge of your case and allow you to focus on other matters. Defending against a criminal offense can be both stressful and tiring, but an attorney has the experience necessary for obtaining a positive result without having too much of the burden on your shoulders.
What is the Discovery Process in a DUI Case?
The discovery process is the process where a criminal defendant and their lawyer “discover” the evidence the state has that can be used against them. In a DUI case, the general discovery of evidence would include the police report, potentially a dashboard camera, a body cam, the chemical analysis or testing that was done with the defendant’s blood or breath, 911 audio recordings, witness statements, photos, and evidence of property damage.
Requirements to Obtain Discovery
Discovery requires that a lawyer file documents demanding to be provided with specific types of information. This service is not reciprocal by the state in misdemeanor cases. As a result, the lawyer for the defendant would only have to provide a limited amount of information throughout the discovery process, meaning that they do not necessarily have to provide their own evidence. Consequently, a defendant should try their best to file a discovery demand in order to anticipate the arguments of the state and help them collect the appropriate evidence to allow the court to make an informed decision regarding the case.
When Does the Discovery Process Begin?
Discovery occurs right after arraignment once the prosecutor has completed the filing process. In some cases, the discovery process is ongoing, meaning that the defendant does not have everything they need or requested initially to supplement discovery, or add to it. Discovery is an important part of the process because the defense has the right as a matter of law as an individual charged with the crime to have the ability to have a copy of everything the prosecutor has in their file. It is generally something that occurs well before a case goes to trial because it helps an individual make an informed decision whether to negotiate a plea, or go to trial.
Call Today for More Information
If you have been charged with DUI and would like help with building a convincing defense, get in touch with an attorney at Hawkins Spizman today. A lawyer could review the facts of your case and assist you throughout the discovery process in DeKalb County DUI cases. In addition, an attorney could advocate on your behalf during pre-trial negotiations and during the trial process in an attempt to lessen the consequences of your offense.
To begin discussing the details of your case, get in touch today to schedule a consultation.