What is a Motion for Discovery in Georgia?

What is a Motion for Discovery in Georgia?

One of the first things that a good criminal defense attorney will do when they take your case is file a Motion for Discovery. This is a formal written request for all of the evidence that the State has that is related to your case.

Under Georgia and U.S. law, the prosecution must provide you with some evidence without you having to ask for it. This includes a copy of your criminal charges and a list of any witnesses that the prosecution intends to use at trial. However, that is basically all the information that will be provided to you unless you file a Motion for Discovery.

Contents of a Motion for Discovery

A criminal Motion for Discovery should include:

  • A request for all exculpatory evidence (evidence that may help prove your innocence),
  • All audio and video recordings (such as statements that witnesses may have made), and
  • Any other materials related to the case.

The motion should include a mixture of some specific requests (such as the officer’s video from his DUI investigation) as well as some broader requests (such as “any other evidence generated from the officer’s investigation”). If an experienced attorney properly writes the requests, they can give you the information you need to help you beat your criminal charges.

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A Motion for Discovery is the first part of building a successful defense. Give us a call today to discuss how we can use discovery requests to help with your case.

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