From a legal standpoint, perhaps THE most important question is: What is the evidence against me? The process of getting evidence in a criminal case is called “discovery.” You’re entitled to the evidence against you—and more—from the police and prosecutor, but you’ve got to know how to ask for it and what to do with it.

But here’s a list of what you can generally expect to receive from the police and the prosecutor in discovery. Of course, the evidence you get depends on the case.

  • Police body camera video footage.
  • Police dash cam video footage—these are vital in DUI cases and drug cases involving traffic stops.
  • Victim and witness statements.
  • Your statement, if you made one.
  • Police reports summarizing the investigation.
  • Crime scene photos and videos, if any.
  • Victim medical records, if you’re accused of hurting someone.
  • Pathologist and coroner reports in murder, manslaughter, Felony DUI causing death, or other death-related cases.
  • Evidence reports describing the evidence and tracing its chain of custody.
  • Surveillance video, if your case involves a place with surveillance cameras.
  • Your criminal record.
  • Any other document or evidence the State intends to use against you.

For certain cases, there’s unique discovery we look for that can make a big difference in your case, especially for drug charges and DUI cases.

The Question Is: What Do You Do With It?

To present the best defense, you’ve got to know how to use evidence. That’s why police officers use prosecutors—government lawyers who help them convict you.

Don’t be the only amateur in your case. Hire a professional to counteract the State’s professionals. Experienced criminal defense attorneys comb through discovery with a sharp eye to find holes in the officer’s case—and maybe identify technical legal defenses you don’t even know about.

Call us today at 888-230-1841 for a free strategy session to get your questions answered and start building your defense. 


Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a workers' compensation attorney.
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