Understanding How Discovery Works in an Indiana Criminal Case
If you have been charged with a criminal offense in Indiana, it is crucial that you understand the process of criminal cases in the state. One of the crucial steps in an Indiana criminal case is discovery. Discovery typically occurs during the pretrial phase of criminal proceedings. In Indiana, discovery procedures are governed by specific rules and regulations designed to ensure fairness and transparency. This article explains what discovery is and how it works in an Indiana criminal case.
What Is Discovery?
Discovery is the process whereby the parties must identify, and give access to, their evidence to the opposing party. The rules of discovery in Indiana promote transparency to facilitate resolution of the case. The theory is, when all the evidence is in reasonable minds will agree on how to apply the law to the facts of the case resulting in an agreed settlement, or plea agreement, rather than a trial. In the alternative, if no agreement can be made, the evidence review done during discovery is also preparation to challenge that evidence at trial.
How Does Discovery Work in Indiana?
In Indiana, the prosecutor is required to disclose notes, witnesses, and reports that were part of the investigation, any evidence in its possession, or any evidence intended to be used at trial. This can include things such as police reports, witness statements, reports of examinations of any tests conducted, and associated videos, such as dashcam footage. As the information is turned over from the prosecuting attorney, the defense attorney will begin their review of the evidence. The defense attorney will be looking for shortcomings in the prosecutor’s evidence, exculpatory evidence, and other evidentiary issues that can help their defense. Exculpatory evidence is any evidence that shows the innocence or lack of guilt of the criminal defendant.
During the discovery phase, the defense side can use several tools to ensure they acquire and examine all evidence. First, a defense attorney can make a request for discovery. The defense side can also use depositions. A deposition is when a witness gives a sworn, out-of-court testimony. When depositions are conducted, the defense attorney will subpoena the witness to appear at a specified time and location to give sworn testimony. During a deposition, questioning is conducted in a manner similar to a cross-examination or direct examination in court. Depositions can be vital in checking for the honesty and consistency of witnesses.
In Indiana, the defense is also required to disclose intended evidence to the prosecution. This is known as reciprocal discovery. This may include witnesses, expert reports, and other materials that can be used to challenge the state’s case or support the defense’s arguments. Reciprocal discovery allows the prosecuting attorney to gather additional evidence and prepare for cross-examination. Reciprocal discovery is meant to level the playing field. It is meant to ensure both the prosecutor and defense attorney have access to information necessary to present their case effectively.
It is crucial to note that there may be limitations on the kinds of materials that may be available through discovery. Additionally, there may be restrictions on how evidence can be used in court.
Contact Us for Legal Help
If you have been charged with a crime in Indiana, contact the qualified Indianapolis criminal defense lawyers at Rigney Law LLC for legal help.
