What is the Discovery Phase?
After the formal arraignment, an informal request for discovery must be made within 14 days. During the discovery phase, the prosecution will share the evidence they have collected against you.
Does the prosecution have to share all of the evidence?
Technically, under both the United States and Commonwealth of Pennsylvania constitutions, along with Rule 573 of the Rules of Criminal Procedure, the prosecutor does not have to share everything in a case.
There are two types of evidence:
- Incriminating or Inculpatory Evidence is evidence that may be used against you. Technically, the prosecution does not have to share this evidence.
- Exculpatory Evidence is evidence that could get you out of trouble. Prosecutors are required to share all of this information.
However, in practice in Pennsylvania the accused typically is given access to everything.
If the prosecutor is giving me all the evidence, why do I need an attorney?
A lot of the evidence is given as raw evidence. The prosecution has no obligation to tell you how they may use or present certain pieces of evidence. Part of the art of criminal defense is being able to predict the prosecution’s moves based on past experience.
Another important reason to have an experienced attorney is that a good attorney will dig deeper into the evidence and find areas to challenge the case. This requires knowledge, training and experience. Oftentimes, it also requires a detailed understanding of forensic science and procedures- especially when it comes to DUI and drug related cases.
Having the evidence is one thing, presenting that in court and leveraging it to weaken the prosecution’s case is another. Criminal defense is like a game of chess. Imagine playing against a seasoned player while you are just still learning how the pieces move. This is why you need an experienced attorney. At The McShane Firm, your attorney will not be overmatched by the prosecution. In fact, we have more in depth knowledge of forensic science than prosecutors ever have. We fight from a position of power
Remember: Details win cases.
At The McShane Firm we are not paper pushers who just plead guilty. We are trial lawyers. We know how to prepare a defense case and highlight those details that can win cases.
If you are facing prosecution, call 1-866-MCSHANE for your free consultation and see the difference experience makes.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
