Discovery in a criminal cases is the process by which both the prosecution and the defense exchange relevant information and evidence before trial. This process is essential to ensuring fairness and transparency in legal proceedings, allowing both sides to prepare their cases with full access to the necessary materials. 

In California, discovery can include various types of materials, such as police reports, witness statements, physical evidence, forensic lab reports, audio and video recordings and crime scene photos. These materials help both the defense and persecution build their arguments an assess the strength of the case.

The discovery process typically begins with the prosecution providing an initial discovery packet at the arraignment, which includes basic documents like police reports and the defendant’s criminal record. Afterward, the defense attorney may request additional materials informally, such as surveillance footage or supplemental police reports. If the prosecution fails to provide the request materials, the defense can file motion to compel discovery under california penal code 1054, asking the court to order disclosure of the evidence.

Several legal standards govern the discovery process, under brady v. maryland, the prosecution is required to disclose all exculpatory evidence that could be favorable to the defense, regardless of whether they intend to use it. Additionally, california penal code 1054 emphasizes resolving discovery disputes informally before seeking court intervention. Timeline for discovery varies depending on the complexity of the case and the persecutor’s approach, with some evidence being disclosed early and other materials provided closer to trial.