The discovery phase of a DUI trial may feel confusing, especially if this is the first time you are dealing with criminal charges. Are you unsure about what the discovery phase entails? Are you unsure how to gather evidence for the discovery phase? This guide will clear up some of the questions that come with DUI discovery phases.
What Is Discovery?
Discovery involves examining the evidence that both the prosecution and the defendant will use if a case goes to trial. The role of discovery is to prevent surprise evidence from being presented in court.
If you watch a lot of court shows or police procedurals on television, the fact that a discovery phase exists may surprise you. In many of these TV shows, the defendant or prosecutor is surprised by a new piece of evidence or a piece of witness testimony. In real life, court rarely works out this way. The discovery phase is necessary to help each party formulate a strong case regarding the allegations.
What If I Decide There Is Too Much Evidence?
If you decide that the evidence the prosecution plans to present during your DUI case is difficult to overcome, you may find that it is a better idea to strike up a plea deal. A plea bargain can help you avoid harsh penalties, including prison time or the loss of your driver's license.
Keep in mind that there are some things the prosecution does not have to share during discovery. For instance, the prosecutor does not have to tell the defendant or their attorney what theory they will be using to explain the situation. They need only provide evidence of objective information, like witness lists and police records.
This means that your attorney will examine the evidence and try to determine what theory the prosecution will be working with. In a DUI case, this can prompt you to make a difficult decision.
Do You Need a Criminal Defense Attorney?
You should always hire a criminal defense attorney when you are dealing with a DUI case. Your attorney will help you determine if it is a good idea to go to court or if you should accept a bargain. Plea bargains offer many benefits, including the potential to keep your case more private.
A DUI attorney will also help you prepare for the discovery phase of your case by gathering evidence as necessary. Evidence may come in the form of video and photo footage, scientific evidence, and witness statements.
If you are facing DUI charges, visit a website like https://dlplawyers.com/ for more information.