Discovery Period in Criminal Cases in Rhode Island

The phrase “out of sight, out of mind” often applies when it comes to criminal charges. Most people don’t think much about the various steps of the legal process until they’re facing a potential conviction. But knowledge is power—which is why you need to understand the discovery period in criminal cases in RI.

This critical stage is so important because it ensures fairness in your case. During this time, the prosecution and your attorney exchange evidence so neither party can be blindsided during the trial.

Read on to learn more about the purpose and process, as well as how discovery can impact the outcome of your case.

What Is the Discovery Period in Rhode Island Criminal Cases?

In Rhode Island criminal cases, the discovery period is the time during which the prosecution and your defense attorney exchange evidence. You see, those “gotcha” moments in courtroom dramas where someone calls a surprise witness or brings forth crucial evidence just aren’t real—any attempt to do so is actually against protocol.

In reality, your lawyer and the prosecutors are required to exchange every single piece of evidence so that both parties have time to work it into their legal strategies.

However, the rules that govern discovery vary between jurisdictions. You may be located somewhere that uses automatic discovery, wherein the prosecution must automatically share any evidence in their custody.

Or you may be somewhere that requires you to request discovery by filing a written request. In this situation, you may receive all of the evidence in one fell swoop, or it may be sent to you piece by piece over time.

Ultimately, discovery aims to guarantee that both sides are prepared for the trial and won’t encounter any surprises.

What Types of Evidence Are Typically Included in Criminal Discovery?

There are many types of evidence typically included in criminal discovery, such as:

• Police reports
• Witness statements
• Photographs and video evidence
• Expert reports (e.g., forensic analyses)
• Prior criminal records of witnesses or parties
• Digital communications (emails, text messages)

Certain cases will usually include evidence relevant to that specific charge, such as DNA evidence in violent crimes or video surveillance in theft cases.

How Long Does the Discovery Period Last in Rhode Island Criminal Cases?

The discovery period in Rhode Island criminal cases usually lasts up to a few months. Remember, the jurisdiction overseeing your case may have automatic discovery, or you may need to request it yourself.

Plus, whether you receive the evidence all at once or bit by bit will naturally impact the timeline, too.

If you’re responsible for requesting discovery, you must do so no more than 30 days post-arraignment. Then, the prosecutors have 15 days to respond. This response must include a time and place for you to review their evidence.

There are also several factors that influence the discovery timeline:

• Case complexity – More severe cases, like felonies, tend to take longer
• Volume of evidence – A lot of evidence means a lot of processing time
• Court schedules and motions – The court’s current caseload and any filed motions will impact the timeline

What Are the Defendant’s Rights During the Discovery Process?

As a defendant, your rights during the discovery process include:

• Right to evidence – Under Rule 16, you have the right to access all evidence the prosecution intends to use
• Right to challenge evidence – You have the right to file pre-trial motions that question or suppress specific evidence, such as evidence that wasn’t lawfully obtained
• Right to privacy – With attorney-client privilege, your confidential communications with your attorney can not be used as evidence against you

What Obligations Does the Prosecution Have During Discovery?

During discovery, the prosecution’s highest obligation is to make sure that you have access to absolutely all evidence that may impact your case. There are strict rules in place to prevent prosecutors from doing otherwise.

Here’s an in-depth breakdown of what this obligation looks like for prosecutors:

• Disclosure of evidence – Any relevant evidence, including police reports, physical evidence, and expert reports, must be shared with you
• Timely responses – Prosecutors must respond to discovery requests within 15 days
• Complete and ongoing disclosure – Any new evidence that comes to light later on must be shared with you promptly
• Transparency – The prosecution may be required to disclose their chain of custody and prove the evidence hasn’t been tampered with
• Privacy and security – Certain sensitive details, such as the identity of a confidential informant, are eligible for exception

What Happens If Discovery Rules Are Violated in Rhode Island?

If discovery rules are violated by the prosecution in Rhode Island, your defense attorney can file motions to force compliance, suppress mishandled evidence, or dismiss your case entirely.

This is why having an experienced RI criminal defense attorney is critical, even during the discovery phase. At the Law Office of John L. Calcagni III, we know how to hold prosecutors accountable and make sure you can access everything you’re entitled to.

Are There Differences Between Discovery in Misdemeanor and Felony Cases?

Yes, there are a few key differences in how discovery works in misdemeanor cases versus felonies. It comes down to four main areas:

• Volume of evidence – Misdemeanor cases typically have a smaller amount of evidence, while felony cases have a wider range and larger volume of material
• Procedural requirements – Discovery with misdemeanors is relatively streamlined, and sometimes automatic, but felonies often involve more paperwork and additional obligations
• Timelines – Misdemeanors with less evidence will move more quickly, while felony cases may take significantly longer or even get an extension on the discovery timeline
• Stakes and strategy – Because penalties are so much more severe in felony cases, both parties tend to be more aggressive with discovery in a felony case versus a misdemeanor

How Can the Law Office of John L. Calcagni, III Help?

No matter what kind of charges you’re facing, the discovery period in criminal cases in Rhode Island is a critical stage—one that can significantly impact the outcome of your trial. You need an experienced RI criminal defense attorney who understands the complex rules of discovery, and more importantly, knows how to leverage them to your advantage.

Our team has years of successful experience defending people just like you. We prioritize uncovering evidence that works in your favor, protecting your rights, and making sure prosecutors fulfill their obligations. Above all, we’re here to leave no stone unturned in crafting a solid defense strategy.

Don’t wait to take control of your defense. Contact the Criminal Defense Law Office of John L. Calcagni, III today at (401) 351-5100 for your free consultation. We’re available 24/7 to serve your needs—just call us today to get started.