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Criminal Discovery: Georgia Criminal Defense Lawyer Discusses Reviewing the State’s Case

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Georgia Criminal Defense Lawyer describes Discovery as any evidence the prosecutor has in a criminal case. This may include audio or video tapes of the arrest, the police report or incident report, and witness statements.

There are 2 aspects to Discovery in Georgia:

1. Georgia’s statutory law on criminal discovery.

2. The United States Supreme Court case popularly known as the “Brady” case. Brady states that you have (1) the right to know the charges against you and (2) the prosecution is to provide you with any evidence in your case that may be favorable to your defense.

With felony charges, you have the option to get involved in the Discovery process. If you opt in for Discovery, the Prosecution must provide you with any favorable evidence they have in your case and in exchange you must provide the Prosecution with any evidence you intend to use in your defense.

With misdemeanor charges, the Georgia Statute is not required, but the U.S. Supreme Court case Brady comes into play which means that you have the right to know the charges against you and that the prosecution must provide you with any evidence in your case that may be helpful for your defense.

It is important that when you are facing criminal charges in Georgia that you speak to an Experienced Criminal Defense Lawyer.  An attorney can help you file the necessary motions to start the Discovery process.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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