The Pretrial Process: What Is Full Discovery?

Interviewer: Let’s talk about the process before the trial. There’s a term referred to as the full discovery of the case. What does that refer to?

Discovery Is a Compilation of the Evidence against the Individual Charged with the Crime

Michael Kramer: Discovery is basically finding out or discovering the case against you. An attorney attempt to discover the details about the evidence against you, so that you can properly contest it at a trial or make an informed decision about whether to go to trial. It’s the most important pretrial phase of a case.

If you don’t know what you’re facing then it’s pretty hard to have a fair trial. If all you’re being presented with are surprise facts at trial, those cannot be adequately contested if you don’t have time to investigate and prepare a defense to those particular facts.

Pretrial Investigation: Why Will the Attorney Examine the Charges Being Levelled against the Client?

Interviewer: Before the trial occurs, when you first start working with the individual what is the process like? What information are you going to start gathering?

Michael Kramer: This depends on the facts of the particular case. The first thing to do is to examine the charges against a particular individual.

By this, I mean did they do it, did they not do it, and are there extenuating circumstances. That directs the pretrial investigation that is called for. If a person indicates, I couldn’t have done this particular crime because I wasn’t there I was someplace else, well then it’s very important to see if there are witnesses that can establish that particular defense.

If a person says, “I didn’t possess those drugs,” in a car for example, but other individuals in the car possessed those drugs, then it’s a matter discovering the location of the drugs, who was driving, who’s the owner the car.

Most Cases Have a 45-Day Window from the First Court Appearance in Which to File a Motion

Interviewer: How long does it usually take you to compile this information?

Michael Kramer: It depends upon whether it’s a felony or misdemeanor, but usually there’s forty-five days to file a motion from the first court appearance. During those forty-five days you meet with the prosecutor, and you get what’s known as discovery.

If you feel there’s other information the prosecutor is not forthcoming with then you file pretrial motions for discovery. The judge decides what the prosecutor has to hand over or not. It’s usually completed within that forty-five day period.

A Decision Whether or Not to Go to Trial Is Made Following Discovery

Interviewer: When the decision to go to trial occurs what happens at that point?

Michael Kramer: It usually occurs after discovery has been completed. Therefore, once you have total discovery, you have your client’s side of the story, and you have the prosecutor’s version of the story you can sit down, and intelligently talk with a client.

We discuss whether it is worth it to go to trial, and what the downside of going to trial is. You have to decide then whether it’s worth it to roll the dice.