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Transcript:

We have another video in our channel talking about what discovery is. But another question we get is when do I get discovery? That depends on a couple of factors, the most important thing, do you have a lawyer. So if you have a lawyer, your lawyer, as soon as they enter on the case, and let the courts and the DEA know that you are represented by them, they should be requesting that discovery. And so then it's up to the DHS office or whatever law enforcement agency to get that information to us. The rule is they have to give us whatever they have in their possession as soon as it comes in. So if we've requested discovery, we should be getting that in. And generally we see it take about two or so weeks for that process to go through to completion to make sure we're getting all the initial reports. Now, discovery is an ongoing process. So for example, if you have a DUI case, and we don't yet have blood results, once the DEA Office gives us blood results, they have to submit to us. So that's more discovery. You may hear people say, supplemental discovery, basically what that means is, initially we request discovery and get the whole packet of everything that DEA has at that point in time. But if they get any more information, if they do any more investigation, if there any more police reports, if more people give statements, if they collect more evidence, they then have to give us that supplemental or additional discovery as it comes in. Now, as defense attorneys, we are constantly watching to make sure that the DEA is not sitting on evidence or holding evidence or just not realizing that they have it. We're always making sure that we're staying on top of that, but it's ultimately the DEA job to make sure that anything that they have is given to your defense attorney. Now, if you don't have an attorney, it gets a little trickier. In most counties, you can go to the district attorney's office and request to discover yourself, but the process varies by county. So you have to go in and you have to go say hey, I'm a pro se In other words, without an attorney, I'm a pro se litigant. I need to request discovery and they can guide you through that process. Most jurisdictions should give you your discovery in its entirety. They may redact portions of it though so a lot of the times they'll redact in other words blackout things that they don't want general public to have like social security numbers or addresses. For attorneys, they don't do that. They give us all of it upfront, and we get all the discovery that you could possibly have in your case. And we do it pretty quickly. So I always as you know, recommend getting a criminal defense attorney to support you no matter what you're charged with anything from a speeding to a homicide, you need a criminal defense attorney on your side. But the way you request discovery is also very much facilitated and made easier by having that attorney because you don't have to worry about it. That's our job. We request it, we get it to you. And then it usually takes about two to three weeks depending on the DHS office. But the idea is as soon as the DEA or the prosecuting agency has the information they have to send it over to us and then we as your attorneys will get that information over to you.