By Sarah Phillips, Phillips Law | Criminal Defense & Personal Injury Attorney in New Orleans, Louisiana

At Phillips Law, we help good people through tough times. Whether you’re facing criminal charges or recovering from an injury, it’s important to understand the legal process—especially one of the most critical stages in a criminal defense case: discovery.

What Is Discovery?

In criminal law, discovery is the process where we receive and review all the evidence the police and prosecution have collected against you. This is the information the state plans to use in court to try to convict you—and it’s our job to challenge that evidence and protect your rights.

Discovery materials may include:

  • Police reports

  • Body cam or dash cam footage

  • 911 call recordings

  • Crime lab results (e.g., DNA, blood, ballistics)

  • Surveillance videos

  • Lineup documentation

  • Photos of crime scenes or evidence

  • Property records, receipts, and more

What the DA Doesn’t Have to Share

Many people believe the District Attorney must hand over their entire file—but that’s not true.

The prosecution does not have to turn over:

  • Internal memos or trial strategies

  • Witness preparation notes

  • Evidence considered “work product”

  • Even information that could hurt their case, unless we specifically ask or get a court order

That’s why having an experienced defense attorney is crucial—we know what to ask for and how to fight for the evidence that could make or break your case.

Understanding Brady Material

One of the most important types of discovery is Brady material—named after the landmark Supreme Court case Brady v. Maryland. In that case, prosecutors withheld a confession from a co-defendant that could have helped prove the defendant’s innocence. The result? A wrongful conviction.

Because of that ruling, prosecutors are legally required to disclose any evidence that:

  • May prove your innocence

  • Weakens the prosecution’s case

  • Could reduce your sentence

Unfortunately, Brady violations still happen—whether due to oversight or misconduct. At Phillips Law, we know how to spot these violations and hold the prosecution accountable. Your rights come first.

Why Does Discovery Take So Long?

This is one of the most common questions we hear:
“Why is this taking so long?”

The reality is that the criminal justice system moves slowly. We’re dealing with:

  • Overloaded prosecutors

  • Delays in police reports or video submissions

  • Crime lab backlogs

  • Lack of communication from law enforcement

Even when it feels like nothing is happening, we’re behind the scenes pushing for answers, filing motions, and holding the state accountable.

We always say:

You want the best result, not the fastest result.

What We Do with Discovery

Once we receive all the discovery, that’s when the real defense work begins.

We:

  • Analyze every line of police reports for assumptions or inconsistencies

  • Watch all footage—body cam, dash cam, surveillance—to compare against reports

  • Check timelines to see if the story adds up

  • Investigate officers’ backgrounds for prior misconduct

  • Cross-reference forensic reports with independent experts

  • Break down witness statements and check for contradictions

If we uncover violations of your rights or weaknesses in the prosecution’s case, we file motions, push for dismissals, or negotiate better outcomes.

What You Can Do During Discovery

While we’re doing the heavy lifting, here’s how you can help:

  • Stay out of trouble. Even one mistake can hurt your case.

  • Keep your contact info updated. We need to reach you quickly.

  • Be responsive. When we reach out, it’s for something important.

  • Keep us informed. A new job, school enrollment, or family responsibilities can help when negotiating your case.

Staying connected and consistent can make a huge difference in the outcome.

Final Thoughts

Discovery is one of the most important stages in a criminal case. At Phillips Law, we don’t wait around—we investigate, challenge, and fight to get you the best possible result.

Your future is on the line, and we take that seriously.

Need Legal Help? Contact Us

If you’re already a client, you can message us through the Clio for Clients portal or call us at (504) 434-7000 for an update.

If you’re facing criminal charges or dealing with a personal injury in Southeast Louisiana and don’t yet have an attorney, give us a call for a free consultation.

📞 (504) 434-7000
🌐 www.nolacriminaldefense.com

We also have helpful blogs, videos, and other free resources available on our site.