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The discovery process in a Midland DUI case does not officially begin until the case is actually filed. A defense attorney can seek discovery of evidence from the state. This is usually supplied by the police department overseeing the case.
It is also important to be able to look at all reports and videos. The state also has an ongoing duty to turn things over. It is not enough to turn over initial body camera or in-car video, they must also continue to supplement the discovery as they acquire more evidence. Speak with a qualified DUI attorney to learn more.
Michael Morton Act
The Michael Morton Act requires the prosecution to turn over all evidence, including evidence that can be used in a cross-examination or for impeachment. Evidence can vary from a copy of a video recording the crime, 911 call, police report, lab report, and other lab data. The State must also notify attorney if there are any issues with the police officers handling the case. Issues may involve if the officer got in trouble or had a complaint of some sort. This can also be called a Michael Morton disclosure. This could have the potential to impact the discovery process in a Midland DUI case.
The discovery process in a Midland DUI case may involve an attorney searching for evidence. Evidence could be consisted of or made up of various discoverable materials. Discoverable materials may include things such as:
- Police reports
- Phone numbers of witnesses
- Police officer’s information
- How a person did on their field sobriety test
Midland Law Enforcement Involvement
Midland law enforcement typically does not get involved in the discovery process in a Midland DUI case until there is a formal request for it. This request must be sent directly to the government. Once the request is made, law enforcement is supposed to connect the attorney with evidence. This can all be done electronically, however, there may be times where an attorney must make arrangements to review physical evidence.
Interrogatories and Subpoenas
Interrogatories are written questions that typically happen in civil cases. Attorneys do not see written interrogatories in DUI cases. A subpoena is using the power of the court to require either a person or a person with documents to show up at a certain time. If an attorney wants to subpoena, for example, a witness, that means they do not have any choice in the matter. If someone is served a subpoena, they are required by law to show up at the court at a certain date and time. Subopoenad witnesses are a common occurence that may follow after the discovery process in a Midland DUI case.
Subpoenas are usually used to get witnesses to testify in court. A subpoena may also be issued for documents. Many times, an attorney may choose to subpoena a police officer to bring their manuals or anything they may testify about in relation to a certain type of study or subject matter. There have been other instances in which an attorney has used a subpoena to get the police department to make a specific officer to testify due to some sort of unique information they possess or some if their file relates to the case.