By: Paralegal Emma Tasch

    The term “discovery” resonates very commonly throughout the American legal system. From civil and criminal cases to pretrial and post judgment proceedings, discovery oftentimes plays a very central role in reaching resolutions in various types of pending legal matters. In criminal cases, discovery usually pertains to the exchange of information regarding the evidence and facts of a given case between the prosecution and the defense. As a result, many defendants mistakenly may assume that they absolutely hold no role in the discovery phase of their cases. This assumption could not lie any further from the truth. In actuality and particularly in criminal cases, a defendant's knowledge and familiarity of the materials obtained from the prosecution during discovery can be crucial in obtaining a favorable outcome in that defendant's case. Consequently, it is very important that a defendant involved in a criminal proceeding from the smallest petty traffic charge to the most egregious felony sets aside time to review the discovered materials obtained from the prosecution, especially since these materials may be used as evidence against him or her in a potential trial. 

What Is “Discovery”? 

    In legal terminology, “discovery” refers to the “The compulsory disclosure, at a [party's request], of information that relates to the litigation” of a case at hand. Discovery, Black's Law Dictionary (10th ed. 2015). Litigants may use a large variety of methods to obtain information from the opposing party, such as interrogatories (written questions addressed to the opposing party), depositions (a party or witness's recorded out-of-court testimonies), requests for admission (written factual statements addressed to the opposing party in which the opposing party must admit, deny, or object to the substance of each statement), and requests for production (written requests that another party provide specified documents or other tangible items for inspection and copying). Interrogatories, Depositions, Requests for Admission, Requests for Production, Black's Law Dictionary (10th ed., 2015). In criminal proceedings, a majority of discovery occurs prior to a trial taking place, hence the term “pre-trial discovery.” On other occasions, discovery may occur following the finding of a guilty verdict. This post-trial discovery oftentimes is used by both the State and defense to advocate for a just sentence of the newly convicted defendant. 

    While the prosecution and defense in a criminal proceeding may exchange a large host of materials during discovery, not all materials requested by the prosecution and defense are discoverable. In other words, some pieces of information are exempted from discovery, whether it be by statute, case law, or court rules. The most common materials exempted from discovery are correspondence between a defendant and his or her attorney, which assists in ensuring that attorney-client confidentiality is upheld between the defendant and his or her attorney. Consequently, a defendant and his attorney still can hand over requested materials to the prosecution while maintaining high levels of trust and confidence with one another throughout the duration of the defendant's criminal proceedings. 

The Importance of Discovery…AND a Defendant's Knowledge of the Discovered Materials 

    The exchange of discoverable materials between the prosecution and defense in a criminal proceeding oftentimes involves a wide variety of documents and media, including but not limited to 1) pleadings and motions filed by both the State and defense, 2) police reports from the arresting law enforcement agency, 3) search and arrest warrants, 4) forensic images of the crime scene and other physical pieces of evidence, as well as 5) video footage, whether from security cameras at nearby businesses and residences to the crime scene or body camera videos from the responding police officers. While the prosecution and defense usually hold a majority of power over the exchange of materials in discovery, the defendant in a criminal matter at hand possesses every prerogative of viewing the discovered materials that are being circulated between the parties in his or her case. Although it is not a requirement by courts in the State of Illinois or by state law, a defendant reviewing the discovered materials can play a very crucial role in determining the outcome of his or her case. 

    For instance, upon his or her review of the discovery in his or her case, a defendant can help his or her attorney pinpoint any unlawful or improper actions committed by the arresting police officers during the defendant's detainment. Similarly, a defendant can assist his or her attorney in revealing any inaccurate or false information listed in the police reports, warrants, and prosecutorial pleadings that may have led to a defendant's unlawful arrest or indictment. Such revelations can provide the defense with the momentum to seek the dismissal of the charges due to violations of the defendant's constitutional rights or lack of evidence against the defendant. Furthermore, the simple act of a defendant familiarizing himself or herself with the evidence obtained in discovery can assist that defendant in deciding whether to accept a plea deal from the State or seek a speedy trial. 

Conclusion 

    Overall, defendants serve as key players in the discovery phases of their cases. Not only does reviewing the discovered materials enable a defendant to become familiar with the evidence involved in his or her case, but it provides the defendant with the ability to assist his or her attorney in determining the best course of action in that defendant's case, whether that be to move for dismissal of the defendant's case, seek a plea deal from the State, or move to set the case for trial. As a result, defendants reviewing the discovered materials from the prosecution significantly increases the chances of obtaining the most favorable outcome possible in their cases. 

Despite the significance in a defendant familiarizing himself or herself with the discovered materials, it is understandable that a defendant may find it very difficult to review the evidence being presented against him or her, whether it is due to the overwhelming number of materials that the defendant must review or due to the evidence potentially creating a flashback to a traumatic event around which a defendant's current criminal case revolves. Criminal defense attorneys across the State of Illinois understand that this may be a distinct possibility in having their clients review the discovery obtained in their cases. We at CTM Legal Group are no different. 

    If you or a loved one currently is facing criminal charges, CTM Legal Group can help. Not only will we provide superb legal assistance to ensure the best possible outcome in your case, but should your case ever reach the discovery phase, we will patiently walk through each piece of discovered material with you. Please do not wait. Contact our office today by calling 312-818-6700 to schedule a consultation with one of our criminal defense attorneys.