Discovery is the process through which defendants find out about the prosecution’s case. A discovery violation occurs when the State’s Attorney’s Office fails to disclose information to the defendant about their case.

Recently, Baltimore City Circuit Judge Barry Williams sanctioned the Baltimore City State’s Attorney’s Office for highly-publicized discovery violations in the Freddie Gray cases.  However, discovery violations are not rare missteps.  According to public defenders in Maryland’s largest jurisdictions, discovery violations are a problem across the state.

So, what constitutes a discovery violation in a DUI case?

District Court Discovery

Discovery in District Court is governed by Md. Rule 4-262.  According to the rules, discovery must be completed before court.

The failure of the State to comply with a discovery obligation does not automatically disqualify a witness from testifying, or evidence from being permitted in trial.  The District Court judge may grant a delay or continuance to permit the defense to review the discovery.

Circuit Court Discovery

Discovery in Circuit Court is governed by Md. Rule 4-263.  According to the rules, discovery must be completed 30 days after the appearance of a criminal defense attorney or the first appearance of the defendant before the court.

Disclosure by the State’s Attorney in Circuit Court

The main difference between District Court and Circuit Court discovery is that without request, the State’s Attorney must provide to the defense:

1. Statements
2. Criminal Record
3. State’s Witnesses
4. Prior Conduct
5. Exculpatory Information
6. Impeachment Information
7. Searches, Seizures, Surveillance, and Pretrial Identification
8. Reports or Statements of Experts
9. Evidence for Use at Trial
10. Property of the Defendant