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What Is Discovery in a Criminal Case in Massachusetts?
Discovery is the formal process of getting the evidence against you. Here’s how it works in Massachusetts criminal cases—and why it’s critical.
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.