Discovery Process in a Prince William County DUI
In Virginia, the discovery process for a DUI is created by law. The defendant is entitled to any statements that they made to the police during the time of the investigation and after the arrest, and a printout of any previous criminal history. Many jurisdictions, including Prince William County, will give more information than that. Defendants can get body camera footage, see the officer’s field notes from the date of their arrest (that will include observations made by the officer relating to their performance on field sobriety tests), and several other items that are of critical importance.
It is important to have a reliable DUI attorney on your side so that you have a fruitful and seamless discovery process in Prince William County.
When Does The Discovery Process Begin?
Obtaining discovery in any jurisdiction, regardless of what the specific rules of the state are, is vital. In many jurisdictions, the Commonwealth attorney will go above and beyond that which is required by law.
The discovery process in Virginia requires an order signed by the court to compel the government to give the defense attorney discovery in their case. Once that order is signed, then the government must comply. Discovery for a DUI in Prince William County begins with the defense attorney filing a motion in court and the judge signing the order. There will be a due date by which the Commonwealth must provide discovery to the defendant.
Discoverable Materials
Discoverable materials vary from jurisdiction to jurisdiction. The overall law in the state says defendants are only entitled to the statements made by the accused and any previous criminal history of the accused, although most jurisdictions will give them more than that. It depends on the jurisdiction in which they are charged. In Prince William County, the defense attorney can get things like body camera footage, the officer’s field notes from the date of their arrest, et cetera.
On top of that, they could obtain information from the Department of Forensic Science which will include a detailed breakdown of the forensic testing that was done of their breath or blood to determine the level of intoxicants. Once all that information has been gathered, they will be able to build a defense and prepare for trial.
Discovery Process for Prince William County Law Enforcement
Once discovery is ordered by the court, the Commonwealth sends a request for that information from the arresting officer. Once that officer complies, the discovery response is prepared by a Commonwealth prosecutor and mailed to the defense attorney.
A request for discovery is handled different in every jurisdiction. Prince William County requires an order from court in order to generate this discovery. They will not give information to the defense attorney without an order.
What is a Subpoena?
A subpoena is an order from a court that requires the responding party to submit either documents or testimony. An example would be if a person is charged with a DUI and they want information from the Department of Forensic Science about the breath test or the blood test that was conducted. These documents are not immediately available without getting a subpoena. The attorney would have to file a request with the court to order the Department of Forensic Science to supply the documents they need to evaluate the testing process via a signed subpoena.
Once the documents are received, the attorney will have to determine whether or not there are any flaws in the process that will enable them to create some reasonable doubt in the case.
Call a Prince William County Attorney After a DUI to Begin the Discovery Process
The discovery process is vital in preparing any DUI defense in Prince William County. The defense attorney must know what evidence and witnesses the prosecution will present at the trial in order to build their defense. To be in the best position to fight these charges, contact a lawyer today.
