In Georgia, a defendant in a criminal trial does not have the right to know what evidence the prosecution may use in court. Instead, a motion for discovery must be filed to obtain this important information.
What is a Motion for Discovery?
A motion for discovery is a formal written request to receive any evidence the state has related to a defendant’s case. In the motion, the defendant (or defense attorney) must outline a request for all exculpatory evidence as well as explain why such evidence is relevant to their case.
Examples of evidence that can be requested includes:
- Videotapes, photos, or other audio recordings
- Blood results (in DUI cases)
- Documents or medical records
- Oral or written depositions
If you’re facing criminal charges, hiring a defense attorney is crucial. An attorney will know what information is most relevant to your case and will help file the right motion for discovery. After receiving the evidence, an attorney will then be able to review it all and help build your defense.
Contact the team at Wadkins & Wallace today to schedule a free review of your case.