Discovery

What is it?
Discovery is the name for getting information about the details of the State’s allegations, or charges in a criminal case.  In Texas, Article 39.14 of the Texas Code of Criminal Procedure provides the accused the legal right to get information from the prosecutor about the case.  The United States and Texas constitutional also require that the State of Texas, including prosecutors give defedants information any information they have that shows the person may not be guilty, show a State’s witness is not believeable, or reduce the person’s potential punishment, or help find information which does one of that things.  In El Paso County, the District Attorney for adult cases, and the County Attorney for juvenile cases, provide discovery to accused persons’ attorneys through on-line portals.

When is it typically received?
Generally speaking in adult cases the District Attorney’s Office does not provide us access to discovery until after formal charges (indictment or information) are filed.  In juvenile matters, we typically receive access to discovery within a day or two of being appointed to represent a youth.

Can I Get a Copy?
Our attorneys meet with clients and go over the discovery we receive from the State, identify areas where there may be issues with the State’s case, develop defensive theories, and be sure our clients know what the State is claiming.  Article 39.14 of the Code of  Criminal Procedure also specifically prohibits lawyers from giving a copy of the discovery to clients.