What Is Discovery in a Criminal Case in Massachusetts?

In every Massachusetts criminal case, the defense has the right to receive discovery—copies of the evidence the prosecution plans to use.

This can include:
- Police reports 
- Surveillance video 
- 911 calls 
- Witness statements 
- Forensic results like fingerprints or DNA

Discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure. In most cases, the Commonwealth must turn over basic materials within a set timeline after arraignment. But not everything is automatic—sometimes you have to file a motion to get specific items.

I often see discovery come in late, incomplete, or missing key records. That’s why I push aggressively for full disclosure. If the government delays or fails to provide evidence, we can file a motion to compel—and in some cases, exclude the evidence altogether.

Understanding what’s in discovery (and what’s not) can make or break a defense. I don’t just wait for the file—I go after what matters.