Discovery in Criminal Cases in Massachusetts

Getting arrested is overwhelming. One moment, you’re going about your life—and the next, you’re in handcuffs, facing charges that could seriously impact your future. For many people, this is their first experience with the legal system. And chances are, you’ve never even heard of discovery in criminal cases in Massachusetts.

But discovery is one of the most important parts of your defense.

It’s the process where you and your attorney gain access to the evidence the state plans to use against you. And at Fogarty Law, it’s where we start looking for ways to protect your rights, challenge the evidence, and build a strategy that works in your favor.

What is Discovery in a Criminal Case in Massachusetts?

Discovery is a stage in a Massachusetts criminal case where both sides (prosecution and defense) share the evidence they plan to use in court. This includes police reports, lab results, witness statements, and more.

In Massachusetts, discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure, along with related rules 14.1 through 14.4, which address reciprocal discovery, timing, defenses, and mental health evaluations. These rules outline what each side must disclose, when, and how.

Importantly, this process usually begins after your arraignment but well before the trial begins. It’s often during your pretrial conference or in a discovery compliance hearing that the court checks whether discovery has been exchanged.

Why Discovery is a Critical Part of Your Defense Strategy

Discovery might sound like a straightforward formality, but in reality, it’s one of the most critical points in your case. Why?

Because what’s shared (or not shared) during discovery directly affects:

• What kind of plea deal you’re offered—if any
• Whether charges could be dismissed before trial
• How prepared your attorney can be when walking into court
• Whether you can challenge the legality of how evidence was gathered

In short, you can’t fight what you can’t see. And the sooner your Massachusetts criminal defense attorney gets access to the state’s evidence, the sooner they can begin building a strategy to protect your future.

What Evidence Must the Prosecution Share in Massachusetts?

The District Attorney’s office must provide a range of materials, often referred to as “automatic discovery.” This can include:

• Police reports and arrest narratives
• Witness statements, including 911 calls
• Photographs, video, or surveillance footage
• Evidence logs and chain-of-custody documents
• Lab results, like drug tests or blood alcohol content reports
• Any exculpatory evidence, which could show you’re innocent or undermine the prosecution’s case

This evidence must be turned over, whether or not you’ve formally asked for it. However, prosecutors don’t always make it easy—and sometimes, critical items are missing, redacted, or delayed. That’s why having an attorney who knows how to scrutinize discovery is so important.

How Fogarty Law Uses Discovery to Build Your Defense

Attorney Courtney K. Fogarty spent five years as an Assistant District Attorney. She knows exactly how prosecutors prepare their cases—and exactly what to look for when something doesn’t add up.

Here’s how we leverage discovery at Fogarty Law:

• Identify weaknesses in the prosecution’s narrative
• Prepare for trial with a detailed understanding of what’s coming
• File motions to suppress evidence that was obtained unlawfully
• Request additional discovery, including surveillance footage or forensic data
• Negotiate plea deals from a stronger position when the evidence supports it
• Challenge how evidence was collected, especially if it may violate your constitutional rights

Every piece of evidence is an opportunity to challenge the charges, poke holes in the case, or negotiate a better outcome.

What the Commonwealth Doesn’t Have to Show You During Discovery

Not everything gets handed over right away. Here’s what legally doesn’t have to be disclosed, even during discovery:

• Ongoing lab tests or expert reports, which might be delivered closer to trial
• Confidential informant identities, which may be withheld for safety reasons
• Personnel records or internal investigations, which require additional legal steps (like a Rule 17 subpoena)
• Evidence the prosecution doesn’t plan to use unless your attorney specifically asks for it

Even if the Commonwealth is slow to produce these materials, a strong defense lawyer can file motions to push the issue and, in some cases, exclude the evidence altogether if it’s not disclosed on time.

What Happens if the Prosecution Fails to Provide Discovery in MA?

If the prosecution doesn’t hand over required materials—or drags its feet—your lawyer can file a motion to compel discovery. If the court finds that the delay is unjustified, there are consequences.

The judge may:

• Postpone your trial date
• Exclude the evidence from being used at trial
• Order the DA’s office to turn over the materials immediately
• In extreme cases, dismiss the charges altogether

In addition, prosecutors who fail to disclose Brady evidence—that is, evidence favorable to the defense—can face serious professional consequences. You can read more about these obligations in Brady v. Maryland, the landmark Supreme Court case.

When Does Discovery Happen in a Massachusetts Criminal Case?

Here’s a simplified look at how discovery fits into the criminal case process:

Step	What Happens
Arrest	You’re booked, and a criminal complaint is filed.
Arraignment	Formal reading of charges.
Pretrial Conference	Discovery exchange usually begins here.
Motions	Your attorney may challenge how evidence was collected or request more.
Trial	Discovery must be complete before this stage.

Now Is the Time to Take Control of Your Case

Discovery is where your defense starts to take shape. It’s how your attorney finds out what evidence the Commonwealth plans to use, and where the weaknesses might be. It can open the door to motions, negotiations, or even dismissal in some cases.

At Fogarty Law, we use discovery as a tool—not just to react, but to act. If you’ve been charged with a crime in Massachusetts, now is the time to get answers and start protecting your rights.

Call (508) 317-0339 to schedule your free 60-minute consultation. We’ll walk through the next steps together and start fighting to protect your future.