2. Interim Review: Discovery and Investigative Review

Often the initial consultation with a criminal defense client begins before any formal charges are filed. Other times, charges have been filed, and the case has begun.

Irrespective of the timing, if we have been involved since the initial consultation, the defense has a head start. We have begun our own investigation, requested records and evidence, interviewed potential witnesses, started a timeline, etc.

Sometimes this takes months (or even years). Other cases move faster. But once the case in the system, and we are on the court’s time. Trial is looming out on the horizon, and the horizon is approaching quickly.

At this stage we review the state’s discovery. Too often, we attorneys become accustomed and comfortable with “the way it’s always done” in our local jurisdictions. We get the same discovery as we always get. We grow accustomed to the local practice, and we do not even think to question it.

But many cases, particularly child physical and sexual abuse cases, have unique discovery issues. It is not good enough to accept “what we always get.” And it often takes a fresh outside perspective to realize there is more.

We can offer specific, unique insight into what scientific, psychological, impeachment, and other types of discovery may be available if specifically requested. And we can help craft the legal basis for demanding more evidence.

Now is the time to make sure we get what we always get, everything we should also get, and things we do not even know we can get. Then we can compare notes, adjust our own investigation as needed, and begin to craft the winning trial strategy.

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