Your Discovery Rights in Drug Cases: What You're Entitled to See

Let's talk about discovery. Not the channel — the legal process that determines whether you actually get to see the evidence the government is using to try to lock you up.

In drug cases, discovery is everything. It's where you find out what they have, what they don't have, and what they're trying to hide.

What Is Discovery?

Discovery is the legal process where the prosecution has to share evidence with the defense. Police reports. Lab results. Witness statements. Surveillance footage. Informant information. All of it.

This isn't optional. It's a constitutional right under Brady v. Maryland. The prosecution must turn over evidence that could help your defense.

What You Should Be Asking For

In a drug case, your discovery should include:

• Lab reports: Was the substance actually tested? By whom? Were chain of custody protocols followed?
• Search warrant details: What was the probable cause? Was the warrant specific enough? Was it executed properly?
• Informant information: If a CI (confidential informant) was involved, there are disclosure requirements your attorney should know about.
• Surveillance records: Body cams, dash cams, wiretaps, GPS tracking — if it exists, you're entitled to know about it.
• Officer training and disciplinary records: The officer who arrested you has a history. That history matters.

Red Flags Your Attorney Isn't Doing Their Job

• They can't tell you what discovery they've received
• They haven't shared any documents with you
• They say "the discovery looks fine" without specifics
• They haven't filed a motion to compel when the prosecution is dragging their feet

What You Can Do

You don't need a law degree to ask: "Can I see my discovery?"

If your attorney says no, or gets vague, or tells you not to worry about it — that's information. That tells you something about how your case is being handled.

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We're not your lawyers. But we know what questions to ask, and we think you should too.