Tuesday, December 20, 2011

Denver criminal defense lawyer / discovery

If you are charged with a crime, you'll want to know what kind of evidence the state has against you. Under the United States Constitution, you are entitled to know this information. This is a part of due process: if you don't know what evidence the prosecutors have against you at trial, how are you supposed to rebut the case or decide whether to take the plea bargain? Another part of your due process rights is the right to be represented by a Denver criminal defense lawyer. To fulfill this obligation, each District Attorney's or City Attorney's office has established a way to get discovery. Generally you send a letter or a fax to the office asking for all the information in your case, you will get a call a few days later, and go pay a fee to pick up the discovery.

So getting discover is not that complicated, and you may not need a Denver criminal defense lawyer for that. Generally the offices have a policy of including all the information that is relevant to your case, that you would be able to see. That means it's not a huge deal how the request is worded. The part where you may need a Denver criminal defense lawyer is in figuring out what it all means. Discovery generally includes a variety of reports that can be difficult to decipher simply because of format. That means it can help to have someone who has looked at them before.

Additionally, police reports tend to mix fact with opinion quite a bit. It's not always clear where the officer drifts from the facts to simply his interpretation. Although the officer's opinion might be admissible at trial, it also is not nearly as strong as direct observation. So a professional opinion can help figure out how strong the evidence is and determine whether you should take a particular plea bargain. Finally, an attorney can help to determine how best to use the information to bolster your case at trial.