How to Read Your Discovery: A Non-Lawyer's Guide to Understanding the Evidence Against You

Somewhere in your attorney's office — or maybe on a disc they mailed you, or a link they emailed — is a pile of documents that will determine your future.

That's your discovery. It's every piece of evidence the prosecution has gathered, and they're required to share it with the defense. It includes police reports, witness statements, lab results, photos, videos, phone records, and more.

Most defendants never read it. Some attorneys don't even share it. And that's a problem — because buried in those documents are the facts that could save you or bury you, and you need to understand them.

This guide will teach you how to read your discovery like someone whose freedom depends on it. Because it does.

First: Make Sure You Have It

Before you can read your discovery, you need to actually have it. Ask your attorney:

"Have you received discovery from the prosecution?"
"Can I have a copy of everything?"
"Is there anything outstanding that hasn't been turned over yet?"

You have the right to see your discovery. If your attorney says you don't need to see it, or that it's "complicated," push back. These are the documents being used to prosecute you. You have every right to read them.

Some attorneys will give you a complete copy. Others will share specific documents. At minimum, you should have access to:

The police report(s)
Witness statements
Lab results (if applicable)
Photos and video (if applicable)
Your own statements (if you made any)

The Police Report: Start Here

The police report is usually the backbone of the prosecution's case. It's the arresting officer's narrative of what happened. And it's written by someone whose job is to justify the arrest.

What to look for:

The Reason for Contact

How did the police encounter you? Was it a traffic stop? A 911 call? A "tip from a confidential informant"? A random encounter?

This matters because the legality of the initial contact determines whether everything that follows is admissible. If the stop was illegal, everything found after it may be suppressible.

Questions to note:

What was the stated reason for the stop or contact?
Does the reason make sense given the circumstances?
Is the officer's description of events specific, or vague?

The Timeline

Go through the report and write down every time mentioned. When was the call received? When did the officer arrive? When was the arrest made? When were you read Miranda rights?

Gaps in the timeline are gold. If the officer says he arrived at 10:15 PM and the arrest happened at 10:18 PM, that's three minutes — was that enough time for everything he claims happened? If there's a 45-minute gap with no explanation, what happened during that time?

What You Allegedly Said

Officers will often include statements they say you made. Read these very carefully.

Did you actually say what they claim?
Were you Mirandized before making statements?
Were you in custody when you made statements? (This affects Miranda requirements)
Could your words be taken out of context?

What the Officer Observed

Officers use specific language: "I observed," "I detected the odor of," "subject appeared to be." These observations are the foundation of probable cause.

Challenge each one:

"Detected odor of marijuana" — Was this before or after they searched? How can this be verified?
"Appeared nervous" — You were being detained by armed officers. Of course you were nervous.
"Made furtive movements" — This is so vague it could mean anything.

Other Officers Involved

Note every officer mentioned. Each one may have written their own supplemental report. Make sure you have all of them — sometimes their accounts don't match.

Witness Statements

Witness statements can be formal (written and signed) or informal (notes from an officer's interview).

What to look for:

Consistency: Does the witness's statement match the police report? Do multiple witnesses agree?
Specificity: "I saw a man in a dark hoodie" is very different from "I saw John Smith holding a bag."
Bias: Does the witness have a reason to lie? Are they a co-defendant looking for a deal? A neighbor with a grudge?
Timing: When was the statement taken? Immediately after the event, or days later? Memory degrades fast.
What they didn't see: Sometimes what a witness doesn't say is more important than what they do. If a witness was supposedly present but doesn't mention key events the officer describes, that's a discrepancy.

Lab Results

In drug cases, DUI cases, and many other charges, lab results are critical evidence.

Drug Cases:

What substance was identified?
What method was used to test it? (Field tests are unreliable — lab confirmation matters)
What was the weight? Does the weight include packaging? (This can be the difference between simple possession and trafficking)
Was the chain of custody maintained? (Who handled the evidence from seizure to lab?)

DUI Cases:

What was the BAC (blood alcohol content)?
Was it a breath test or blood test? (Breath tests have larger margins of error)
When was the test administered relative to the time of driving?
Was the testing equipment properly calibrated? (Ask for calibration records)
Who administered the test? Are they certified?

General:

Is the lab accredited?
Has the analyst who signed the report ever had results questioned or overturned?
Was there enough sample for retesting?

Photos and Video

Body camera footage: This is often the most important evidence in the entire case. Watch it carefully.

Does the officer's written report match what's on camera?
Can you see and hear everything, or are there gaps?
When does the camera turn on? (Officers sometimes "forget" to activate body cams during critical moments)
Does the footage show the search? The arrest? Your statements?

Surveillance video: Note the timestamp, camera angle, and quality.

Can you actually identify the person in the video?
Is the timestamp accurate?
Is there footage from other cameras that should exist but wasn't provided?

Photos: Crime scene photos, evidence photos, photos of injuries.

Do they match the descriptions in the police report?
Are there photos that should exist but don't?
Was evidence moved or staged for photos?

Phone Records and Digital Evidence

If the prosecution obtained your phone records, text messages, social media, or other digital evidence:

What did they access? Calls, texts, GPS location, app data?
How did they get it? Warrant? Consent? Search incident to arrest?
Is the warrant valid? Was it specific enough? Did it cover what they actually searched?
Context matters: A text message reading "I got it" could mean literally anything. Make sure messages aren't being taken out of context.

Confidential Informant Information

If a CI (confidential informant) was involved in your case:

The prosecution may not reveal the CI's identity initially, but your attorney can file a motion to compel disclosure
Look for: How reliable is this CI? What's their track record? What are they getting in return for their cooperation?
CI testimony is some of the least reliable evidence in criminal cases — they have every incentive to lie

Building Your Discovery Checklist

After reviewing everything, create a simple document with:

Things that don't add up — contradictions, timeline gaps, inconsistencies between reports
Things that are missing — evidence that should exist but wasn't provided
Things that help you — anything that contradicts the prosecution's story
Questions for your attorney — specific, informed questions based on what you've read

Bring this to your next meeting with your attorney. An engaged client who's read their discovery and comes prepared with specific questions will get better representation. That's just human nature.

What If Your Attorney Won't Share Discovery?

Put it in writing. Send an email: "I am requesting a complete copy of all discovery materials received in my case, [Case Number]. Please provide these at your earliest convenience."

If they still won't share, that's a serious red flag. Consider contacting the state bar or getting a second opinion on your representation.

We Can Help

Reading discovery is one thing. Knowing what to look for — knowing which inconsistencies matter, which motions those inconsistencies support, and which questions to bring to your attorney — that's another.

That's what we do. We review your discovery with the eye of elite defense attorneys and give you the questions and analysis to hold your lawyer accountable.

This is legal information, not legal advice. We are not attorneys and do not provide legal representation. We provide research, analysis, and questions to help you work more effectively with your attorney.