| | Advanced Search


Central MA Up + Comer: Vision Advertising CEO Laura Briere—Meet Central MA's rising stars...

FlyORH: Vote for Worcester in JetBlue Contest—Supporting ORH and JetBlue....

Catch the Moscow Festival Ballet With Your WOO Card—Where will you be WOOing this weekend?

Acclaimed Author Leah Hager Cohen to Give Reading at Holy Cross—Will read from new novel 'No Book but…

NEW: Michael Graham Taking Conservative Talk Show to Atlanta—Headed for a warmer climate

NEW: Worcester’s Wormtown Brewery Wins Denver Int’l Beer Award—A major honor bestowed to a local brewery

Paul Giorgio: Elizabeth Warren is Right on Student Loans—MINDSETTER Paul Giorgio examines the student debt crisis

Central MA College Standout: Smith College’s Megan Baker—Spotlight on a bright student...

Organize + Energize: 7 Reasons to Hire a Professional Organizer—With a little help from your friends...

Rob Horowitz: The Civil Rights Act, 50 Years Later—Celebrating a milestone...


Leonardo Angiulo: Your Rights as a Defendant

Monday, August 27, 2012


Leonardo Angiulo, GoLocalWorcester Legal Expert

Living out the time it takes for a criminal case to go to trial is often a punishment in and of itself. If a defendant is held at the house of correction, that statement is obviously true. For many people, however, being home is hard too. As difficult as it is to wait, it’s even more difficult to go to trial unprepared.

In any criminal case, the way a defendant collects evidence held by the Commonwealth is called the discovery process. As you can imagine, our system has evolved a little past the defense attorney saying to the prosecution, “Gimme what ya got.” Within the Massachusetts Rules of Criminal Procedure, available here, there are specific provisions for what evidence must be automatically provided by the government. Mass. R. Crim. P. 14(a)(1)(A) available here, lists out some things that everyone would agree is important evidence and must be turned over.

For example, reviewing grand jury minutes after indictment is incredibly important because that’s where the core of the Commonwealth's theory of culpability, and their expected evidence in support, will be summarized. In addition, another important provision of Rule 14 is the requirement that any statements of a defendant, or co-defendant, be provided. It's fair to say that knowing what they claim you said is important information to have prior to starting a trial.

Let's be clear. Trial preparation is what the pretrial discovery process is all about. In order to be prepared to challenge allegations an attorney has to know exactly what those allegations are, who is making them, and what evidence supports the charge. Not only is the discovery process a way to get these questions answered it is also a way to begin mapping out the defense strategy. Where the Commonwealth has the burden of proof beyond a reasonable doubt at any trial it makes sense that they would have the obligation to present their evidence, or as an analogy “show their cards,” first.

As I mentioned earlier, the pretrial discovery process can turn into a waiting game. Part of this is because this first round of discovery can take a while. While this column is not long enough to discuss the factors that contribute to delays in the discovery process, suffice to say it’s a complicated issue that involves the intersection of personnel and budget deficits. The good news for defendants is that not only are there obligations in Rule 14, there are also consequences for failing to meet those obligations.

Mass. R. Crim. P. 14(c) makes it clear that the automatic discovery provisions are not hollow promises. Given the fact that the evidence within this provision is so important to preparing a defense, the court will act as a referee of sorts to enforce these rules. If the Commonwealth fails to meet its obligations under Rule 14, consequences can even include the exclusion of certain evidence that might be necessary to prosecuting the case or even dismissal of the charges outright.

In full disclosure, Rule 14 isn't only about what the Commonwealth has to do. Some parts also discuss what the Defense must provide and when. A fair statement is that after the first round of discovery, defense attorneys really start working to identify what else they need to see and what else they want to use to defend the matter. Depending on the circumstances, this may cause the case to take longer to get to trial. This time should be considered an investment in a person's future rather than a delay because there is no other way to prepare for trial.  


Related Articles


Enjoy this post? Share it with others.

Write your comment...

You must be logged in to post comments.