Oregon residents facing criminal charges should be prepared to put up an aggressive defense to protect their rights and their freedom. One of the most important aspects of a criminal defense is knowing what information the prosecution has collected. This can give experienced attorneys insight into the prosecution’s strategy.
What is the discovery process?
All significant facts and documents have to be disclosed to the other side before the trial begins. This process is called the discovery process. Discovery is in three forms: written, document production and depositions.
Known as written discovery, one side asks the other questions about their version of the facts. Each party can decide how detailed their questions can be and whether they will be specific or general.
Each party has the right to see any documents that can be remotely related to the case. More and more courts are allowing electronic communications to be produced as well.
Depositions are valuable tools for discovery. Since a person is answering questions from a lawyer and making sworn statements, they are locked into their statement. It serves as a mock trial, demonstrating how someone will react in court and also shows what each party has to present during the trial.
Everything will likely come out at some point during the discovery process and therefore it is important to be honest with one’s own defense attorney. This will allow them to create an aggressive defense strategy and present the defendant’s version of the events as best possible.