Have an open criminal case in New York? You’re about to learn a whole lot more about the evidence the prosecutor has against you.

In the recent budget, legislation was passed that will require prosecutors to turn over discovery within 15 days of a person’s arraignment (45 days in exceptional cases).

The disclosures will include:

• written and recorded statements;
• grand jury transcripts;
• the names and contact information of witnesses;
• the names and work affiliation of all law enforcement personnel with evidence or information against the defendant;
• expert opinion;
• tapes and electronic recordings;
• any visual reproductions, such as photos;
• and several other types of material.

Both sides are allowed to motion the court to restrict or set conditions on discoverable material.

Defendants also will be allowed to review whatever evidence prosecutors have against them before they decide to plead guilty to a crime.

This is a big change intended to make the system more fair, more just, and more accurate. If you have questions about a rapidly changing area of the law, contact Sue City. We are here for you

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