In 2019, a change in New York’s criminal law required prosecutors to share evidence with defendants earlier in a case. Now, lawmakers are reconsidering these changes – with potentially devastating consequences for criminal defendants. 

What Were The 2019 Discovery Law Changes?

“Discovery” is the process of sharing information in a court case. It occurs between the start of the case and trial. In a criminal case, discovery typically occurs between the defendant’s arraignment (notification of the charges they face) and trial. 

Discovery plays a key role in criminal cases, especially for defendants. Defendants often find themselves playing “catch-up” in a criminal case. By the time a defendant knows they face charges, police and prosecutors have already gathered evidence and built a case. 

Discovery gives a defendant access to this information. The defendant can see the evidence against them and push back against the conclusions police and prosecutors have begun to draw. Defendants can also see any evidence that indicates their innocence. 

In 2019, New York repealed its former discovery law in favor of an “open discovery” law. The new law created new timeframes for sharing evidence between prosecution and defense before trial. It also set new rules about what information needed to be shared. 

The goal of these laws was to help level the playing field for criminal defendants. Research before 2019 indicated that in New York, those facing criminal charges often took plea deals without understanding the case prosecutors were building. These deals often failed to accurately reflect what a person had done, resulting in sentences that did not fit the crime. 

Pushback Against Open Discovery Laws

Forty-six other US states had similar “open discovery” laws before 2019. New York became the 47th state to embrace such laws, joining a movement that has long been underway nationwide. 

Now, state legislators are thinking about reining in those rules. 

Governor Kathy Hochul’s office has proposed several changes. These include reducing consequences for prosecutors who don’t share information by the open discovery law’s deadlines. The reforms would also let prosecutors redact information in their discovery without seeking a judge’s permission first. 

The governor’s office claims these changes will reduce processing times, leading to quicker resolution of criminal cases. The office also claims the changes will reduce the rate of dismissals “based on technicalities that can prohibit justice to victims and the people of the State of New York.”

Several prosecutors have spoken out in favor of the changes. State district attorneys say the “open discovery” rules have placed burdens on their offices. They also blame the new rules for a 22 percent increase in case dismissals in New York City. 

Defense attorneys, however, argue the new rules are necessary. They note that before the 2019 reforms, prosecutors faced no consequences for using tactics that harmed a defendant’s ability to mount a full, rigorous case. These included prosecutors’ habit of waiting until the trial date to share evidence – giving defendants and their attorneys no time to prepare or to investigate further. 

Defense attorneys also point out that altering the law could reduce access to justice for those who need it most: defendants, who are facing the full power of the state to curtail their liberty. Giving both sides the information they need is the best way to determine what happened. 

How a Change in Discovery Laws Could Impact Defendants

Like many laws, the effectiveness of discovery laws depends partly on how well the laws are implemented and enforced. If done well, New York’s 2019 changes have the potential to secure necessary Constitutional protections for criminal defendants in several ways. 

For example, these discovery rules could reduce the time a defendant waits to go to trial. For those held in jail awaiting trial, this means less time spent in a cell. 

Allowing defendants more information to prepare a defense also improves the quality and reliability of trial results. Those who face conviction are more likely to be convicted for breaking only the laws they actually violated – and sentenced only to the appropriate term. 

It remains unclear whether the 2019 reforms have fulfilled their potential to meet these outcomes. More research is needed – but a hasty retreat from the reforms will not provide that clarity.

If You’re Facing Criminal Investigation or Charges, Contact the Brill Legal Group Today

Navigating a criminal case can be complex. The stakes are high. If you’re under investigation, have been arrested, or are facing criminal charges, reach out to an experienced criminal defense attorney immediately. The team at the Brill Legal Group is here to fight for justice on your behalf.