Many defendants believe their attorneys can withhold any and all evidence, witnesses, and strategies from prosecutors until right before trial. While defendants do have certain rights under the Constitution, they are typically required to turn over evidence under Texas law if certain conditions are met. However, these circumstances are far fewer than the prosecution’s discovery requirements.
Criminal defendants who understand the rules regarding evidence can feel more confident about the criminal justice process and what to expect as their case progresses. If you have been charged with either a misdemeanor or felony crime in Texas, you should know when the defense is required to turn over evidence to the prosecution.
Understanding Discovery in Texas Criminal Cases
Evidence that is shared by the prosecutor and defendant’s attorney is called discovery. The purpose of discovery is to ensure fairness and avoid surprises at trial. During discovery, both parties get the opportunity to review evidence, assess the strengths and weaknesses of their case, and plan out their trial strategies.
Under Texas law, prosecutors must disclose more information to the defense than defendants must share with them. This is because the police and prosecutors have control over most of the evidence that has been collected.
What Are Prosecutors Required to Disclose?
Texas prosecutors must allow defendants to view nearly all of the evidence that they will present at trial. This includes police reports, witness statements, photographs, videos, audio recordings, expert witness information, and physical evidence. Prosecutors are also required to disclose exculpatory evidence, which is any information that might help prove your innocence.
Discovery rules help protect defendants’ right to due process and a fair trial.
Does the Defense Have Similar Discovery Obligations?
Defense attorneys do have discovery obligations, but they are much more limited than the prosecutor’s requirements. For example, defense attorneys do not have to turn over their trial preparation materials or legal strategies.
However, there are certain situations where the defense must disclose evidence under Texas law. Defendants must turn over information depending on the type of evidence and defenses they plan to present at trial.
Expert Witnesses May Trigger Disclosure
A defense attorney must disclose evidence if they plan to use an expert witness at trial. The prosecutor is entitled to know the expert witness’s qualifications, opinions, and planned testimony.
Expert witnesses are common in many criminal cases. This includes crimes that involve forensic evidence, mental health defenses, accident reconstruction, medical issues, or scientific testing. Since expert witnesses can heavily influence a jury, both sides must have the opportunity to review the information before trial.
Certain Defenses Require Advanced Notice
Defense lawyers must also notify the prosecutor when they plan to use certain defenses at trial. Giving the prosecution notice allows them to investigate your claims.
These defenses include:
- insanity
- alibi defenses
- specific statutory defenses
The prosecutor must receive advanced notice when these defenses are being used. It prevents unfair surprise and allows the prosecution time to prepare.
Can the Defense Keep Evidence Secret Until Trial?
It depends on what type of evidence your attorney has. Evidence such as an attorney work product is generally not required to be turned over to the prosecution. However, other evidence can be disclosed.
Expert witnesses and certain defenses trigger disclosure requirements because both sides should have ample time to review the information. Courts try to balance the need for fairness with your rights under the Constitution.
In most cases, it depends on the rules of the court, local rules, and the circumstances of your case.
What Happens If the Defense Withholds Evidence?
Failing to comply with discovery can lead to serious penalties. Texas judges have wide discretion when dealing with discovery issues, and they can impose various sanctions.
Judges can:
- prohibit the evidence from being presented at trial
- disallow witnesses from testifying
- delay the trial date
- order sanctions against the attorney
If the violation was intentional and hurts the other side’s ability to defend against a charge or prosecute a case, the penalties are usually harsher.
Why Discovery Rules Are Important in Criminal Cases
The rules regarding discovery help ensure criminal prosecutions are fair. Defendants and prosecutors can adequately prepare for trial by reviewing the evidence beforehand. This allows both sides to properly prepare their witnesses, assess legal issues, and avoid surprises during trial.
Defendants also have certain rights that must be preserved, including the right to remain silent. Discovery rules seek to balance these rights with fairness towards the prosecution.
How a Criminal Defense Lawyer Can Help
Criminal defense lawyers can explain the rules of discovery to their clients. Defense lawyers can ensure they are in compliance with all disclosure requirements, protect their attorney work product, and respond to any discovery requests from the prosecutor.
An experienced attorney can spot cases where prosecutors fail to turn over important evidence, which could help your case.
Contact Capetillo Law Firm Today
Facing criminal charges can be intimidating, and you might not know what information you must turn over to the prosecutor. Capetillo Law Firm offers criminal defense services for those facing misdemeanor and felony charges. Contact us today!
