Galveston Marijuana Attorney - Discovery in Criminal Cases
If you or someone you know is facing criminal charges in Galveston, you’ve probably heard the term “discovery” come up. But what exactly does this mean for your case? As criminal defense attorneys, we know that discovery plays a crucial role in building a strong defense. In this blog post, we’ll break down the discovery process in Galveston criminal cases, focusing on what it is, how it works, and why it’s so important.
What is Discovery?
In the state of Texas, discovery refers to the legal process in which your attorney can obtain evidence from the prosecution that was collected during the criminal investigation. This includes everything from police body camera footage to laboratory test results. The purpose of discovery is to ensure fairness and transparency in the criminal justice system, allowing both sides to access the same information before trial.
Under Texas Code of Criminal Procedure, specifically Chapter 3.14 or the Michael Morton Act, the state is legally required to provide evidence collected during the investigation to the defense. This law exists to make sure the prosecution can’t hide any evidence that might be favorable to the defendant—this includes both exculpatory (evidence that helps the defendant) and inculpatory (evidence that could be used against the defendant) materials.
Key Types of Evidence for Galveston Marijuana Attorney - Discovery in Criminal Cases
1. Body Camera and Dash Camera Footage: In many cases, police officers wear body cameras that record their actions during an investigation or arrest. These cameras are typically mounted on the officer’s midsection or shoulder and record everything happening around them, much like a ring doorbell camera. For example, in a marijuana possession case, body camera footage could show the officer’s actions during a vehicle search, potentially revealing whether any laws were violated during the search. Dash cameras mounted in police vehicles can also provide valuable evidence, such as footage of a traffic stop that may conflict with the officer’s account of the events.
2. Laboratory Test Results: In drug-related cases, laboratory testing results are essential. For example, in marijuana possession cases, lab tests are used to determine the THC content of the substance. Since the 2019 law change, distinguishing between marijuana and industrial hemp has become crucial. The defining factor is THC content—if the THC level is above 0.3%, it’s considered marijuana, but if it’s below, it’s classified as industrial hemp. Prosecutors must prove that the substance in question is marijuana, not industrial hemp, and laboratory tests are critical to that process.
3. Duty to Preserve and Disclose Exculpatory Evidence: Under both federal and Texas law, the prosecution has a duty to preserve evidence and disclose any exculpatory evidence. Exculpatory evidence is anything that may help the defendant’s case. In Texas, this rule is derived from the Michael Morton Act, named after a man who was wrongfully convicted after the prosecution failed to turn over evidence that could have exonerated him. In Texas, the prosecution is required to share any evidence they gather that could benefit the defense.
The Discovery Process: What to Expect
Discovery doesn’t happen all at once. It comes in waves. In the beginning, you’ll typically receive basic paperwork, but the more complex evidence—like body camera footage, dash camera recordings, and lab results—takes longer to gather. It’s not uncommon for these types of evidence to take months to arrive, and in some cases, it can even take up to a year to receive everything.
For instance, police officers involved in an investigation might not all submit their body camera footage right away. In many cases, only one or two officers will provide their footage, and you may need all of it to get the full picture of what happened. Without the complete set of body camera and dash camera footage, it’s difficult to assess whether there’s a strong defense to the charges against you.
Why Does Discovery Take So Long?
If you’ve been wondering why the discovery process seems to be taking longer than expected, rest assured that this is often completely normal. The time it takes to gather and review evidence can vary depending on the county and the specific agencies involved. In Galveston, the process can be quicker compared to larger counties like Harris, but it still takes time—especially when dealing with smaller agencies that may be understaffed or less efficient in gathering and submitting evidence.
Final Thoughts
Understanding the discovery process is vital to preparing a strong defense. As criminal defense attorneys, our job is to carefully review all the evidence provided and look for any discrepancies, violations, or issues that could help your case. While the discovery process can sometimes be lengthy, it’s an essential step in ensuring that you receive a fair trial.
If you’re facing criminal charges in Galveston, don’t hesitate to reach out to an experienced criminal defense attorney who can guide you through the discovery process and help protect your rights.
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