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Mesa DUI Discovery Process

In any criminal case, the State is required to disclose to the defense all materials they intend to use in their case. The defense is also required to disclose all evidence they may use during trial. The process of exchanging this information is known as discovery.

Discovery can be time-consuming, but is incredibly important in a DUI case. Through the Mesa DUI discovery process, your attorney will learn all of the details of your case and use this knowledge to build a strong defense on your behalf.

Types of Evidence Gathered During Discovery

During discovery, the State must disclose any evidence they intend to use in a DUI case. This can include:

  • Reports from law enforcement
  • Body camera recordings
  • Witness interviews
  • Blood test results
  • Photographs

Once the State turns this information over to the defense, the defense can examine the relevant materials to prepare for trial. The State also has an absolute duty, under the law, to share all exculpatory evidence with the defense. This means that any evidence that is favorable to the defense must be disclosed regardless of whether it hurts the State’s case.

When Does the Discovery Process Begin?

Discovery begins to accumulate as soon as an individual is arrested. Discovery is created throughout the investigation by law enforcement and continues to be created during the pre-trial phase of the case. Law enforcement has a direct role in creating and preserving evidence in a DUI case. Law enforcement has a duty to preserve everything that occurs during their investigation and thereafter that relates to the case. So as soon as an individual hires an attorney for their DUI case, they can begin to request this evidence from the State for use in building a defense.

A Mesa defense attorney will also begin gathering evidence for use in the case as soon as possible after a DUI arrest. The defense is obligated to share any of this information with the State upon request.

Subpoenas During Mesa DUI Discovery

A subpoena is a court order which has a lot of different purposes. A subpoena can be used to summon someone to appear in court or require the production of certain evidence or documents.

In a DUI case, the State will subpoena its witnesses to appear in court. For example, if a person was injured in a DUI crash, the prosecutor’s office can ask the court to issue a subpoena to obtain a person’s medical records if they believe these will help prove their case. The defense can also subpoena any witnesses or evidence that would be useful in building their defense.

Let a Mesa Attorney Walk You Through the DUI Discovery Process

The Mesa DUI discovery process is a crucial part of your case. Your attorney can use this time to learn the intricacies of your case and request important information from the State. It is critical to work with a lawyer with experience handling DUI cases. Our team at Grand Canyon Law Group is well-versed in these cases and is dedicated to protecting your rights throughout the process. Call today to schedule a free consultation with a member of our legal team.

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