What Is The Prosecutor's Duty To Disclose Evidence?

As a general rule, the right to discovery of evidence is very limited in Texas. Generally, most District Attorney's office will provide a defense attorney a copy of the offense report and any investigation reports that were submitted by the police. A District Attorney's office will also provide a copy of all witness statements. Discovery in Texas is regulated by Texas Code of Criminal Procedure article 39.14.

The prosecutors office has an affirmative duty to see that justice is done. This is in the Code of Criminal Procedure. In order to see that justice is done, the prosecuting attorney must not engage in conduct that will call into question the fairness of a defendant's trial.

This means that the State cannot suppress any facts, hide witness, or fail to disclose evidence that tends to exculpate the defendant. Over the next several days, we will address the prosecutor's duty to disclose favorable evidence to the accused's defense counsel.

If you have been charged with a theft crime or sex crime, contact a Plano criminal defense lawyer.