Discovery
Discovery is the process by which the prosecution hands over its evidence to the defense, so your lawyer can see the case against you. When and how that happens depends on the court. Some courts set firm deadlines, and others start the process only when the defense asks.
Why discovery matters
Until your lawyer has the discovery, no one on your side knows the whole case: the police reports, the statements, the video and the lab results. That is one more reason not to talk to the police or explain anything early. You would be answering without knowing what they have.
Discovery also matters before any plea offer is decided. In New York, the law ties discovery to plea offers directly, as explained below.
Court by court
New York
The prosecution must complete its initial automatic discovery as soon as practicable and no later than 20 calendar days after arraignment if you are in custody, or 35 calendar days if you are not. The time may be stayed up to 30 more days when the material is exceptionally voluminous or not yet in the prosecution's possession despite diligent efforts. This reflects the 2025 amendments [1].
Plea offers have their own rule. Before indictment on a felony complaint, the prosecution must disclose the discovery at least 3 calendar days before a plea offer expires [2]. On an indictment, information or misdemeanor complaint, it must disclose at least 7 calendar days before the offer expires, with a narrow exception for certain cases where no jail sentence is authorized [3].
Florida
Discovery starts when the defense files a "Notice of Discovery." The prosecutor must then serve a Discovery Exhibit within 15 days after the notice is served, and choosing discovery creates a reciprocal duty for the defense [4]. Whether and when to file the notice is a decision your lawyer makes with you.
Pennsylvania
The lawyers must first try in good faith to resolve discovery informally. A motion for pretrial discovery must be made within 14 days after arraignment unless the court extends the time, and on request the prosecution must disclose the mandatory items in court cases [5].
Federal court
On the defendant's request, the government must disclose listed items, such as the defendant's own statements, prior record, and material documents and objects. Rule 16 sets no fixed number of days, and both sides have a continuing duty to disclose [6].
New Jersey
In New Jersey the discovery schedule after indictment is set by court rule and depends on the case. Your lawyer tracks it from the indictment date. If your case is in New Jersey, call and we will explain how discovery works in your case.
What you can do while you wait
- Write down, for your lawyer only, everything you remember: times, places, people, and what was said.
- Tell your lawyer about anything that may help: messages, receipts, photos, video, or cameras near where it happened. Some video is erased quickly.
- Do not contact witnesses or the complaining witness. Let your lawyer decide how to reach anyone.
- Do not post about the case, and do not delete anything.
Discovery deadlines connect to other deadlines, such as pretrial motions and trial. See speedy trial and illegal stops and searches. For the full sequence, use What happens next, or see New York, New Jersey, Florida, Pennsylvania and federal court.
Common questions
Can I see the evidence myself?
Ask your lawyer how and when you can review it. Do not share anything from discovery with anyone, and never post it.
Should I gather my own evidence?
Tell your lawyer what exists, such as messages, receipts, video or names of witnesses, and let the lawyer decide how to preserve it. Do not contact witnesses yourself, and never contact the complaining witness.
Sources
- N.Y. Crim. Proc. Law § 245.10(1)(a) (rev. 2025-08-08). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 245.25(1) (rev. 2020-05-08). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 245.25(2) (rev. 2020-05-08). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.220(a), (b)(1). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 573(A), (B)(1) (amended 2022). Current as of November 11, 2026. Official text
- Fed. R. Crim. P. 16(a)(1), (c). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.