Previously, I discussed the basic discovery rule in the district courts (the Municipal, Magistrate, and Metropolitan courts are very similar though the scope may be slightly more limited) in this post.  The prosecuting entity, usually the District Attorney’s office must make a copy , or allowed to be viewed or copied, any statement made by the Defendant.  This could be a written statement by the Defendant, statements made in a video interrogation, or even possibly lapel video from a suspect during a traffic stop.  Importantly is the phrase, “within the possession, custody, or control of the State.” By case law, this is a broad standard which most certainly includes investigatory offices such as police departments and even potentially State organizations like CYFD.

For example in a DWI investigation in Albuquerque, if the suspect is stopped by APD or New Mexico State Police,  those entities must allow the defense to get a copy of those materials.  Bernalillo County Sheriff’s Office must provide the audio recording from their belt tape.  These materials include the statement of the of defendant.  Discovery is an important aspect of any case and it’s important to have a lawyer that has the experience to know what discovery should be available and isn’t afraid to ask for more than is readily available.  If you have been charged with a crime, call 505-247-9500 for a free consultation.  This post is for informational purposes only and does not constitute legal advice or does it create an attorney/client relationship.