Texas Criminal Discovery Laws

Discovery is a key step of the legal process, and is one of the most important ideas behind the American legal system. Discovery is an important tool for criminal defense attorneys and promotes justice through the sharing of information. The idea of discovery is simple: it permits a defendant access to information or evidence about their case that they cannot acquire on their own. Any evidence that the State possesses that could help or hurt a defendant’s case must be shown to the defendant or the defendant’s attorney. This showing, or “discovery,” of evidence allows an attorney to better prepare a defense for their client.

Texas Code of Criminal Procedure Article 39.14

In Texas, the process of discovery is governed by article 39.14 of the Code of Criminal Procedure. The code states that the State must allow a defendant, or someone acting on their behalf, like an attorney, to access any evidence that the State possesses that sheds light on the case. This is important because the State is forced to share evidence that might not necessarily be helpful. If the State willfully denies the defendant access to evidence the State cannot show that evidence to the jury during a trial. Not everything is up for grabs, though.

Discovery does not just allow a defendant or their defense lawyer to walk into the district attorney’s office and look at everything they put together for a case. The defendant is not allowed to inspect any documents created by the State’s attorneys or any communications between the State and any person that works for the State. The idea behind this policy is to let the defendant access the facts of the case but not the strategy the State will use to put those facts into action during trial. This creates a sense of balance that would otherwise be tilted in the State’s favor because they have access to many more resources than a criminal defendant.

Limitations on Information

The CCP only allows a defendant to review documents and evidence that their attorney requests in a timely manner. Only attorneys and defendants that represent themselves (pro se) are permitted to make copies of the evidence that the State produces. A defendant may review the material, but they are not allowed to keep copies. And for extremely sensitive material, covered in article 39.15 and 39.151, an attorney is not allowed to recreate the materials and may only view them at a State facility (for obvious reasons). The State must also keep track of any materials that they allow a defendant’s counsel to copy.

For the purpose of protecting any individuals that could potentially be in danger if revealed, all identifying information of a witness or victim is removed from a document before the defendant is allowed to review the material. This is a logical step that prevents any hard feelings or further anxiety that may be intensified by the stress created by a law suit.

Most cases never reach a jury trial; rather, most criminal cases settled by a plea agreement. Discovery is a major part of this process because it gives both parties bargaining power and understanding of the issues in the case. Discovery laws try to make the legal system fairer and more efficient way to resolve legal disputes without the need to go through the trouble of a full trial.