Not Guilty Chapter 7 | Discovery

ONCE AN ATTORNEY IS RETAINED, whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options.

Alexis made an appointment to meet with Charles the lawyer. She had called now several times with questions, and Charles’ secretary rarely ever put him on the phone. When she did speak with Charles, he just told her that when he had information for her, he would reach out. Of course, when Alexis broke her phone and got a new number, Charles was not exactly the first person she thought of. At their last court appearance, her third, Charles was upset because he had not been able to reach her to go over the discovery. She still wasn’t sure what “discovery” meant. Charles had actually looked annoyed as he asked the Judge for another continuance to go over the discovery with his “client”. So here they were in his office. It was fancy. Expensive. She was a little nervous just sitting in that leather chair. His secretary had totally ignored her. She finally got in, and he gave her a whole stack of paper. “This is your discovery; you need to review this.” As she began to look through it, she became upset! “This is not right! This is not how it happened!!” She complained. He told her to mark and write notes on everything in the paperwork that was not correct, and then bring it by his office for his secretary to make a copy. Everything was jumbled in her mind, and Alexis couldn’t think of all questions she had wanted to ask.

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!