Criminal Defense FAQ

What Do I Need To Know About The Discovery Process In St. Tammany, Livingston, Tangipahoa, And Washington Parishes?

If you’ve been charged with a crime in Louisiana, one of the most important steps in your defense is the discovery process. This is where your attorney gets access to the evidence the State plans to use against you.

It’s not something most people think about, but it can make or break your case.

When Do I Get To See The Prosecution’s Evidence?

Clients frequently ask our legal team when they’ll get to see the prosecution’s evidence against them, whether their arrest happened in St. Tammany, Tangipahoa, Washington, or Livingston Parish. In Louisiana law, we refer to the process of sharing evidence as ‘discovery,’ and we prioritize it every time we enter the courtroom.

What Is Discovery?

In simple terms, discovery is the exchange of evidence between your criminal defense lawyer and the prosecution. It’s the process where both sides lay their cards on the table (to some extent) so that the trial is fair.

Louisiana has its own discovery rules, outlined in Article 716 through Article 729.7 of the Louisiana Code of Criminal Procedure. These laws direct prosecutors and defense attorneys on what they must turn over, when they must share it, and what they may withhold. Every judge in St. Tammany, Livingston, Tangipahoa, and Washington Parishes must follow these rules.

What Can My Criminal Defense Lawyer Request?

In most felony cases, the defense can file a formal Motion for Discovery. This is one of the first motions we file when a new client walks into our office, and it’s one of the most important. Once granted, the prosecution is required to hand over certain evidence, including:

  • Police reports
  • Witness statements
  • Defendant’s own statements (written, oral, or recorded)
  • Expert reports
  • Photographs, video, or audio recordings
  • Results of scientific tests (like DNA or drug analysis)
  • Tangible evidence the State plans to introduce at trial

Some evidence, such internal police notes or strategy, is considered protected and doesn’t have to be disclosed. But in general, the law favors disclosure of anything that might affect the outcome of the case.

Can The Prosecution Hide Evidence From Discovery?

It’s not just about what a criminal defense lawyer asks for. Under the U.S. Constitution and Louisiana law, the prosecution has a duty to disclose Brady material, that’s any evidence that may help the defense or reduce punishment.

This includes:

  • Evidence that another person committed the crime
  • Witnesses who contradict the police
  • Information that weakens the State’s case

    If the State hides or delays this kind of evidence, it can lead to a mistrial or even a dismissal. Therefore, whether the case is in St. Tammany, Livingston, Tangipahoa, and Washington Parish, it’s important that your attorney understands the rules of discovery.

    What Can I Expect From The Local Courts?

    The basic discovery rules are the same across the state, but the process can look different depending on the parish:

    St. Tammany Parish

    Washington Parish

    • Some cases move quickly here, and judges may set strict timelines for pretrial motions
    • Local prosecutors are known to respond to discovery with CDs or flash drives containing digital evidence

    Tangipahoa Parish

    Livingston Parish

    Why It Matters

    Discovery isn’t just a legal formality. It’s how your criminal defense attorney learns the strengths and weaknesses of the case against you. It’s how we find out if your rights were violated, if evidence was mishandled, or if the charges should even stick.

    In many cases, solid discovery is the first step to beating the case or getting the charges reduced, especially in St. Tammany, Washington, Livingston and Tangipahoa,

    Don’t Wait. Act NOW!

    If you’ve been arrested or charged in St. Tammany, Washington, Livingston, or Tangipahoa Parish, talk to a criminal defense lawyer immediately. The sooner we file for discovery, the sooner we can start building your defense. Contact our office at 985-276-4740

    Need help? Have questions about your case? Call today for a confidential consultation. We’re ready to stand between you and the State.

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