This information is for summary offenses and misdemeanor charges only.
Discovery Rights
Discovery is the process by which you obtain evidence from the prosecution. Pennsylvania law and the U.S. Constitution require the prosecution to share certain materials with you before trial.
Mandatory Disclosures (Pa.R.Crim.P. 573)
Your own statements to law enforcement
Your criminal record
Evidence favorable to you (exculpatory)
Expert reports the prosecution intends to use
Physical evidence (photos, recordings, documents)
Names and addresses of prosecution witnesses
Co-defendant statements
Lab reports and scientific analysis
Brady v. Maryland Obligation
Under Brady v. Maryland, 373 U.S. 83 (1963), the prosecution must turn over all exculpatory evidence — any material that is favorable to the defense. This includes evidence that could impeach the credibility of prosecution witnesses.
A Brady violation can result in a new trial or dismissal of charges. If you believe the prosecution is withholding favorable evidence, you should file a motion to compel discovery.