Los Angeles Criminal Discovery

When the government accuses you of a crime, information is power. The prosecution’s case file may contain police reports, surveillance videos, DNA analyses, witness statements, and notes that can make or break your defense. Navigating Los Angeles criminal discovery effectively means understanding when and how to assert your right to access this evidence, something that requires strategy, timing, and tenacity.

At Kraut Law Group, Criminal & DUI Lawyers, we understand that every stage of the Los Angeles criminal process, from investigation to post-conviction relief, requires informed and strategic action. Our team leverages decades of prosecutorial and defense experience to ensure that no procedural opportunity or evidentiary detail is overlooked. Whether it’s challenging the admissibility of key evidence or navigating complex discovery disputes, we approach each case with the precision and urgency it demands.

California’s discovery scheme is codified in Penal Code §§ 1054–1054.10, enacted after the passage of Proposition 115. These sections require both sides to disclose specified categories of evidence “at least 30 days before the trial,” and they impose continuing duties to supplement until the case is resolved. This framework plays a crucial role in Los Angeles criminal discovery, where the timely and complete exchange of evidence can significantly impact case outcomes.

Overlaying those statutes is the U.S. Supreme Court’s landmark decision in Brady v. Maryland, 373 U.S. 83 (1963), which holds that prosecutors must turn over all evidence favorable to the defense that is material to guilt or punishment. Violations, commonly referred to as Brady violations, can result in mistrials, reversals, or outright dismissals of the case.

Another cornerstone is California’s Pitchess procedure, codified in Evidence Code §§ 1043–1045, which allows defendants to obtain relevant complaints and disciplinary records of law enforcement witnesses. A successful Pitchess motion can uncover patterns of dishonesty or excessive force that undermine an officer’s credibility at trial.

Under PC § 1054.1, the prosecuting agency must reveal:

• Statements of defendants: audio, video, or written.
• Statements of all prosecution witnesses.
• Relevant objective evidence: weapons, clothing, drugs, digital media.
• Expert reports: forensic, medical, and digital-analysis results.
• Felony convictions of prosecution witnesses.
• Exculpatory or mitigating evidence (the Brady obligation).

Failure to comply may lead to evidentiary sanctions, continuances, contempt, or dismissal in egregious cases. Courts assess five factors: fabrication, irreparable prejudice, feasibility of a continuance, impact on due-process rights, and lesser sanctions, before imposing the “extreme remedy” of dismissal.

California imposes limited reciprocal discovery under PC § 1054.3. After receiving the prosecution’s initial packet, the defense must provide:

• A list of witnesses it intends to call (excluding the defendant).
• Relevant objective evidence is in its possession.
• Reports of experts that the defense wants to present at trial.

Because of the Fifth Amendment, defendants are never required to disclose privileged statements or work product revealing strategy. When crafting reciprocal responses, our office scrupulously preserves constitutional protections while complying with statutory mandates to avoid reciprocal-discovery sanctions, an essential part of effective Los Angeles criminal discovery practice.

• Arraignment. Make an informal request for police reports and body camera footage within 15 days.
• Pre-Preliminary Hearing. File a Pitchess motion at least 16 court days before the hearing (plus time for proper service).
• 30 Days Before Trial. Exchange discovery materials as required by Penal Code §§ 1054.1 and 1054.3.
• 48 Hours for Late Evidence. Comply with the continuing duty to disclose any newly discovered evidence immediately, typically within 48 hours.

Missing a disclosure deadline can hamper plea negotiations, delay a trial, or cause the judge to exclude crucial testimony. We calendar every statutory date the day we are retained and use electronic ticklers so that nothing slips through the cracks.

Modern prosecutions rely heavily on electronically stored information (ESI), including cell-site location data, social media posts, Ring camera footage, and forensic extractions from smartphones. We routinely serve specialized preservation letters and form requests under PC § 1054.1(a) and (f) to ensure the government produces raw data and the software-generated reports. When necessary, we petition the court for mirror-imaging orders, allowing our retained experts to conduct independent analyses.

Los Angeles juries are skeptical of police misconduct claims unless they see the documentation. A well-crafted Pitchess motion does four things:

• Identifies the officer precisely by badge number, serial, and assignment.
• Alleges a specific factual scenario showing how misconduct is “material” to your defense.
• Supports the motion with defense declarations or reports.
• Requests only the categories of records likely to lead to admissible evidence.

If the judge finds good cause, the court reviews the personnel file in camera and releases discoverable complaints often before falsification or biased evidence. We then interview complainants under subpoena and evaluate whether to call them as witnesses at trial or negotiate a favorable plea, armed with the new leverage.

Sex crime and gang cases frequently involve addresses, medical data, or confidential informants. PC § 1054.7 allows the court to issue protective orders limiting how defense counsel may use or disseminate sensitive discovery. Violating such an order can trigger contempt or even new criminal exposure. Our firm negotiates the narrowest possible restrictions and files sealed motions when overbroad orders threaten our investigative efforts.

If the prosecution withholds evidence despite a clear statutory or constitutional duty, we employ a calibrated escalation strategy:

• Informal conference with the deputy district attorney to resolve quickly.
• Motion to compel and request for sanctions asking the judge to order production and consider evidentiary exclusions.
• Motion to continue if late disclosure would hamstring cross-examination.
• Motion to dismiss under PC § 1054.5(c) when suppression of evidence is willful and irremediable.

• Pre-Filing Intervention: As a former prosecutor, I know that Deputy D.A.s often file charges based on a one-sided police packet. We obtain 911 recordings, dispatch logs, and surveillance footage within days, sometimes hours, of an arrest and present mitigating evidence to persuade the DA not to file charges.
• Strategic Litigation: We file early Pitchess motions, subpoena third-party video before it is overwritten, and retain forensic experts who can translate raw cell-tower data into persuasive charts for the jury.
• Negotiation Advantage: A complete command of the evidence enables us to expose weaknesses in the state’s case during pre-trial conferences, often yielding charge reductions, diversion offers, or dismissals.
• Trial Excellence: If the case proceeds to jury selection, we use discovery to craft targeted voir dire questions, impeach prosecution witnesses with prior inconsistent statements, and present compelling multimedia exhibits.

If you or a loved one is under investigation or facing charges in Los Angeles, the clock on discovery has already started. Contact Kraut Law Group Criminal & DUI Lawyers for a confidential, no-obligation consultation. Early, aggressive discovery practice can be the difference between freedom and a criminal record.