How Discovery Can Lead to Case Dismissal in a Delaware Criminal Case
A lot of Delaware residents assume that what happened to them during their arrest will be the basis of the case against them. That’s not necessarily true. In reality, one of your criminal defense attorney’s most powerful tools actually comes after your arrest. This legal step gives your lawyer the opportunity to gather information concerning the prosecution’s case. Sometimes, it can lead to the charges being dismissed entirely.
What is discovery?
Discovery is a legal process during which the prosecution and your defense attorney exchange evidence. Under Delaware Superior Court Criminal Rule 16, the prosecutor must present your attorney with specific materials upon request. These include:
- Police reports
- Witness statements
- Surveillance footage
- Lab results (e.g., drug analysis or blood alcohol tests)
- Forensic reports
- Defendant’s statements to police
The goal of discovery is to ensure that the defendant gets a fair trial by allowing both sides to discuss the case before it occurs. However, discovery isn’t just about fairness. It’s also about strategy.
How discovery can reveal problems with the case
When your criminal defense lawyer reviews the prosecution’s case, they’re not only looking for what’s there. They’re also looking for what’s not there. In addition, they want to find any inconsistencies with the prosecution’s case or evidence that may be inadmissible in court.
For example:
- Missing evidence – If the prosecutor can’t produce key evidence, such as a lab report or bodycam footage, it could weaken their case against you. They must prove your guilt beyond a reasonable doubt.
- Inconsistent witness statements – If witness accounts contradict each other or change with time, your attorney can challenge the credibility of that witness.
- Violation of rights – Discovery can show that your constitutional rights were violated during or after your arrest. If you were subjected to an illegal search or you were coerced into confessing, your attorney might be able to suppress that evidence.
Discovery can also reveal major flaws in the prosecution’s case. In some instances, the evidence may be so muddled that the prosecution drops its case against you.
Real-life examples of discovery leading to dismissal
- DUI cases – In some cases, police dashcam or bodycam footage might show the officer never had legal grounds to make the stop in the first place. That can end up leading to the exclusion of breath test results and the dismissal of charges against you.
- Drug charges – The lab results could show that the substance police found wasn’t actually illegal or maybe the chain of custody was broken. Without reliable evidence, the prosecution’s case will collapse.
- Assault or domestic violence – Witness statements that were obtained during discovery can contradict the police’s version of events. Evidence could also show that the defendant acted in self-defense.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of Wilmington residents who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
