In Washington, when you are accused of a crime, the prosecuting attorney has the burden of proving you guilty beyond a reasonable doubt. As part of this duty, the prosecutor must share any evidence — called "discovery" — they have against you with your defense attorney. That way both sides have a clear view of the evidence and can be prepared for trial.
The evidence in a modern case
Discovery can be voluminous. In a typical misdemeanor case, it might include:
- Hours of body-worn police camera footage
- Police reports
- Witness lists
- Witness interviews
- Toxicology reports
- Photographs and diagrams
All of this must be turned over to the defense so we can review it, investigate, and prepare.
What happens when the prosecutor fails?
I had this exact scenario recently in a misdemeanor Hit and Run case in Clark County District Court. After filing my Discovery Request with the Clark County Prosecutor's Office, I received nothing back — no witness list, no police report, no video. As the case neared the end of its 90-day speedy trial window, I was left with no evidence to prepare for trial.
The prosecutor's office had simply failed to provide discovery.
I filed a motion asking the judge to dismiss the case for prosecutorial misconduct and discovery violations. The judge granted the motion.
The case was dismissed with prejudice — meaning the charge can never be brought back by the prosecutor's office. It is over. Permanently.
Why having an experienced attorney matters
A less experienced attorney might have accepted the lack of discovery and advised the client to take whatever deal the prosecutor offered. But discovery is not optional for the State. When the government fails to meet its constitutional obligations, the remedy can be dismissal.
If you want an attorney who will fight to make sure all of your rights are vindicated — including your right to see the evidence against you — contact me today.
Contact Stevie Riley for a free consultation →
Past results do not guarantee future outcomes. Every case is different.