Both the State and the Defendant have obligations to share certain evidence and information with each other before trial. This process is called discovery.

Ensuring you get the most access to potentially critical information is one of the most important things your criminal defense attorney can do for you. This blog post provides a high-level overview of the discovery process.

The State and Federal Constitutions require more discovery from the State to protect Due Process.

Criminal Defendants have a constitutional right to access the evidence against them. This includes the information directly produced by the specific investigation. Investigations often produce video and audio recordings; written police reports; witness statements, and forensic lab test results.

Additionally, in some cases, the State may need to disclose further information that relates to the defendant’s innocence or a witness’s credibility. This could include information from a separate criminal case, law enforcement investigation, or held by other government agencies.

Your defense attorney will review the evidence provided by the State and highlight anything that appears to be missing and help find where other important evidence may be located.

Discovery is not unlimited: Various privileges and confidentiality rules protect some information.

The Defendant’s right to access information is not absolute. Many types of records and information are protected by privileges and confidentiality laws. Some of the more common types of information sought by Defendants include records from:

• Other criminal investigations.
• Child in Need or Protection or Services, aka CHIPS, investigations.
• Sexual-assault counseling or other therapy records.
• Information about the reliability of undercover officers or confidential informants.
• Other records involving medical or legal privileges.

An experienced defense attorney will help determine where critical information might be contained and navigate the complex different rules and processes to maximize the chances of accessing it.

The State generally has more access to information held by private companies.

Many online companies like Google, Snapchat, and Meta gather vast amounts of potentially useful information, including location data, pictures, messages, and other online data. However, accessing this information can become very time consuming and expensive for a Defendant. For example, it may even require filing a separate lawsuit in whatever state the company has its headquarters located.

On the other hand, these companies frequently respond better to law enforcement, and the State can often obtain a warrant quickly and easily. But, a Defendant does not have a general right to make the State use its resources, power, or law enforcement officers to investigate any leads.

A Defendant must make some discovery disclosures before trial too.

Criminal Defendants enjoy the right to remain silent and to be presumed innocent until proven guilty beyond a reasonable doubt. This means a Defendant does not need to bring forward any evidence or testimony at trial. But, this approach generally is not the strongest defense possible, and the Defense will often want to bring witnesses and evidence supporting their innocence.

Under Rule 9 of Minnesota’s Rules of Criminal Procedure, when a Defendant intends to use certain information at trial, the Defendant must share that information with the State before. This includes information relating to:

• Documents, pictures and other exhibits.
• Expert witnesses, their credentials, and opinions.
• The identity of lay witnesses and summary of what they will discuss.
• Any statements from the State’s witnesses that the Defense obtained in its investigation.

The discovery process can make or break a defense. The rules can become very complex. Your criminal defense attorney will be able to leverage the rules to help you present the best defense possible.

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If you or someone you know has been accused of a crime in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.