Discovery Process in Maryland DUI Cases

The discovery process in Maryland DUI cases is a crucial stage of building a person’s defense. During the discovery process, an individual and their attorney could gather evidence, review any material that the prosecution may have, and create a counter to any allegation they may face in court. Reach out to a skilled attorney for help with your drunk driving case.

Understanding the Discovery Process for DUI Cases

While are no rules specific to the discovery process in drunk driving cases, Maryland discovery rules apply just as they do to all other criminal cases. There are rules of discovery that require the prosecutor to turn over certain pieces of evidence to the defendant or their attorney automatically.

There also are discovery rules that require the defense to turn over certain things to the prosecution and other rules that stipulate what the parties are not required to turn over. This could also be up to the discretion of the judge. Discovery rules also may have a certain timeframe in which things need to be turned over. Typically, the government is required to turn over everything it has.

This includes everything it plans to use in a trial and anything that could be exculpatory. Even if the information may not show that the person is innocent, the state must turn it over along with the evidence related to it if it lessens their involvement or culpability or if there is evidence that goes to the person’s mindset. Related evidence may be certain documents or certain background on witnesses if they are experts, their resume, their background, any reports they may have made related to the evidence, and the data supporting the conclusion.

When Does the Discovery Process Begin?

For certain types of discovery, the clock starts ticking on the discovery process as soon as charges are filed. It begins when the defendant or their attorney issues a written motion or notice that is delivered to the prosecutor. This notice requests a certain piece of evidence. Since most discovery rules relate to the trial date, many of the rules for discovery in the district court simply require that certain things be turned over prior to trial.

Consequently, discovery is typically provided in advance of the court date so the defense is able to review it in full, discuss and think about it, and work up a response or pursue further investigation. Most judges will require that the discovery is provided with sufficient time for each party to review it. Judges tend to want the parties to work those things out so that the court is able to focus on more-relevant legal issues related to the case.

Parties that a Defense Attorney Could Seek Discovery From

In Maryland DUI cases, the discovery process applies to all of the parties involved, the defendant, and the state of Maryland. This includes the prosecutor’s office, law enforcement, other government agencies, and the court. It should be noted that there may be a great deal of other information that the defense needs. A defendant’s legal counsel could conduct their own investigation and retrieve information from witnesses and third parties using subpoenas.

A Seasoned Maryland Attorney Could Assist With the DUI Discovery Process

Contact an accomplished attorney to begin the discovery process in Maryland DUI cases. A diligent attorney could help you understand your options, collect evidence and other from law enforcement and various other sources to build your case, and could also fight for you in court. Let a dedicated attorney champion your defense.