Michigan criminal defense lawyer explains the discovery process

by | Dec 14, 2015 | Criminal Defense | 0 comments

Michigan criminal defense attorneys are familiar with the three-steps that occur in the discovery process to obtain important documents and other information that is relevant to your case.

Voluntary disclosure

The first and easiest discovery method is for a criminal defense attorney to gain information through a voluntary disclosure from the prosecution. This usually occurs at the time of arraignment, and generally includes:

  • A report of your criminal history.
  • Copies of any statements that you made to law enforcement officials.

The prosecutor may also offer to make documentary evidence available to the defense.

Informal request for discovery

The second way that criminal defense attorneys obtain information is through an informal request or demand for the information prior to filing a motion.

Some prosecutor’s offices have a standardized form that a criminal defense lawyer can use to simply check the documents he or she wants. More specific requests can be made with a supplement to the form and/or a discovery letter from the defense lawyer.

Motion for discovery

If information has not been forthcoming, a criminal defense attorney can file a motion with the court for discovery.

Depending on the specific circumstances of the case, many courts will use their discretion to require the prosecution to provide some additional discovery.

To convince a judge that the prosecution should provide additional discovery, criminal defense lawyer make the following types of arguments:

  • It is impossible to provide adequate advice to you about whether or not you should plead guilty without having certain information (e.g., witness statements). With this information it may be possible to resolve the case sooner, thus saving the court’s time.
  • It is necessary to know more facts to potentially file pretrial motions challenging the admissibility of certain evidence. Getting the information at the last minute could result in a postponement of the trial.
  • If both parties are able to review the evidence well in advance, they will be able to focus on the real issues, and may even come to agreements on certain points, which could speed up the trial.

Get help with from an experienced Michigan criminal defense lawyer

Dealing with the prosecution to obtain information takes an experienced criminal defense lawyer. For help with your criminal defense, contact Michigan criminal defense attorney Chris Trainor.


Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

St Joseph, MI – Injuries Result from Wreck on I-94 near Martin Luther King Dr

St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. At approximately 5:10 p.m., an unspecified number of vehicles collided on Interstate 94. Reports show the accident happened on I-94 near Martin...

Zeeland, MI – Auto Accident on Fairview Rd at Washington Ave Ends in Injuries

Zeeland, MI (March 25, 2022) - An auto accident happened on the morning of March 25 in Zeeland that resulted in injuries. The wreck occurred shortly after 8:00 a.m., according to reports.  Sources say the collision took place on Fairview Road near Washington...

Paw Paw, MI – Major Car Crash on M-43 between 37th & 40th St

Paw Paw, MI (March 25, 2022) - A motor vehicle accident occurred in Paw Paw on the morning of March 23 that required an emergency response. The incident was reported to authorities in the area at around 12:21 p.m. Various responders were observed at the scene of the...

Romulus, MI – Motor Vehicle Collision Causes Injuries on I-94 near Vining Rd

Romulus, MI (March 25, 2022) - At least one person was hurt in a crash reported in Romulus on March 25. At approximately 12:55 p.m., police were dispatched to the scene of the wreck located on Interstate 94.  Responders including paramedics, fire crews, and...

Holland, MI – Injury Accident on Waverly Rd at 48th St Requires EMT Dispatch

Holland, MI (March 25, 2022) - On the morning of March 25, at approximately 6:55 a.m., a car accident in Holland required an emergency dispatch.  Reports indicate that a vehicle collided with a pole near 48th Street on Waverly Road.  To assist the injured...

Jackson, MI – Serious Car Accident on M-106 near Deweese Rd and Hawkins Rd

Jackson, MI (March 25, 2022) - Police officers in Jackson were dispatched to the scene of a major car crash on Friday, March 25. According to local officials, the collision happened at approximately 4:00 p.m. on M-106. While emergency personnel rendered aid to those...

Detroit, MI – Police Dispatched to Crash Scene on I-96 near Davison St

Detroit, MI (March 25, 2022) - On March 25, at least one person was injured in a car accident in Detroit. The wreck was reported to officials in the area at approximately 10:50 p.m. According to information from reports, the accident occurred on I-96 near Davison...

Wyoming, MI – Major Accident on 28th St near Clyde Park Ave

Wyoming, MI (March 24, 2022) - Highway patrol officers and first responders were called to the scene of a vehicle collision on March 24 on 28th Street in Wyoming. Reports show that an unspecified number of vehicles collided in the area, resulting in the injury of at...

St Clair, MI – Siblings Killed in Wreck on Kinney Rd near Burt Rd

St Clair, MI (March 24, 2022) - A brother and sister were killed in a two-car crash on Thursday, March 24 in Riley Township. The incident was reported north of Interstate 69 on Kinney Road near Burt Road.  Three people were also hospitalized with injuries,...