Defense discovery options

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Defense discovery options

The defense attorney has a number of options to attempt to discover evidence useful in the defense of a computer crime case. These options are:

  • Discussions with the prosecutor and police
  • Habeas corpus motion immediately following arrest challenging the legality of the arrest
  • Application for bail or reduction of bail
  • Preliminary hearing
  • Challenge to holding the defendant to answer
  • Analysis of grand jury proceedings
  • Plea of double jeopardy
  • Motion to suppress illegally obtained evidence
  • Motion for severance or consolidation
  • Deposition to preserve testimony of witness who may become unavailable
  • Trial subpoenas
  • A pretrial conference

A call to the attorney representing the alleged victim requesting a meeting to establish matters that can be handled informally is an appropriate first step.FN67