If you are facing a DUI or any other serious criminal charge in South Carolina, you need to know what evidence prosecutors intend to use against you in court. This is the only way to build an informed and strategic defense. Until you know what evidence prosecutors intend to use against you, you won’t be able to determine what you need to do to prevent prosecutors from proving your guilt beyond a reasonable doubt.

So, how can you find out what evidence prosecutors have against you?

Under South Carolina’s Criminal Court Rules, and specifically Rule 5, prosecutors are required to provide defendants with access to the evidence they intend to use in court. However, requirements and restrictions apply, and, as discussed below, it is up to you to assert your legal rights effectively.

You Must Request the Prosecution’s Evidence Against You

Except for exculpatory evidence (more on this below), prosecutors are not required to disclose any evidence voluntarily. Instead, as a defendant, it is up to you to request the evidence prosecutors have in their possession. This is true whether you are facing a DUI or any other criminal charge under South Carolina law.

4 Types of Evidence Prosecutors Must Disclose Upon Request

Rule 5 specifies four types of evidence that prosecutors must disclose in criminal cases. Crucially, about all four of these types of evidence, Rule 5 only requires prosecutors to disclose relevant evidence “upon request.” Thus, if you request it, prosecutors have a general duty to disclose the following:

1. Statement of Defendant

Prosecutors have a duty to disclose, “any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody or control of the prosecution,” as well as, “the substance of any oral statement which the prosecution intends to offer in evidence at the trial made by the defendant whether before or after arrest in response to interrogation . . . .” In other words, if prosecutors intend to use your own words against you, you have the right to know—provided that you submit a valid request.

2. Defendant’s Prior Record

You also have the right to know if prosecutors intend to use your prior record to charge you as a repeat offender. Rule 5(a)(1)(B) states that prosecutors must disclose, upon request, a defendant’s “prior criminal record, if any, as is within the possession, custody, or control of the prosecution.”

3. Documents and Tangible Objects

If properly requested, prosecutors also have a duty to disclose, “documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the prosecution, and which are material to the preparation of his defense or are intended for use by the prosecution as evidence in chief at the trial.” This includes, but is not limited to, tangible objects obtained from the defendant.

4. Reports of Examinations and Tests

Rule 5 also requires prosecutors to comply with valid requests to “inspect and copy any results or reports of physical or mental examinations, and of scientific tests . . . which are within the possession, custody, or control of the prosecution.” This includes, but is not limited to, blood alcohol concentration (BAC) test results in DUI cases.

While these are the requirements that generally apply in South Carolina criminal cases, there are exceptions. For example, Rule 5(a)(2) lists certain forms of evidence that are “not subject to disclosure.” When you hire an experienced North Charleston defense lawyer to represent you, your lawyer will be able to assist with ensuring that you take all of the necessary steps to obtain all of the evidence you are entitled to receive before your trial.

You Also Can (and Should) Request Evidence that Favors Your Defense

Importantly, while you have the right to request evidence that prosecutors intend to use against you, you also have the right to request evidence that favors your defense. Rule 3.8(d) states that prosecutors in South Carolina must “make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.”

While prosecutors have an affirmative duty to disclose this “exculpatory” evidence under South Carolina’s court rules, defendants can (and should) request this evidence as well. If you explicitly request this evidence, not only will this help ensure that you receive it, but, if you don’t receive it, this will provide additional grounds for you to seek appropriate remedies during or after your criminal case as well.

What if Prosecutors Withhold Relevant Information?

Once you submit a valid discovery request, the prosecutor’s office has a strict deadline to respond. Rule 5(a)(3) states:

“The prosecution shall respond to the defendant’s request for disclosure no later than thirty (30) days after the request is made, or within such other time as may be ordered by the court.”

While prosecutors have a 30-day deadline in most cases, judges can impose alternate deadlines if warranted on a case-by-case basis. If prosecutors don’t comply with a valid discovery request by the deadline, this can have varying consequences depending on the specific circumstances involved. In some cases, it may justify a motion to exclude the evidence that prosecutors failed to timely disclose. If prosecutors can’t use their evidence against you, they may not be able to meet their burden of proof.

Obtaining the evidence that prosecutors have in their possession is among the most important—and most complicated—aspects of any criminal case. With this in mind, it is not something that you should try to handle on your own. If you are facing a DUI or any other criminal charge in North Charleston, we encourage you to contact us promptly for more information.

Request a Free Consultation with North Charleston Defense Lawyer Rad S. Deaton

Do you need to know more about how to protect yourself after an arrest in South Carolina? If so, we encourage you to contact us right away. To request a free consultation with North Charleston defense lawyer Rad S. Deaton, call 843-225-5723 or tell us how we can reach you online now.