New York state’s move to reform criminal discovery earlier this year was applauded by many as a step toward equalizing access to evidence. But now the question becomes, will criminal defense attorneys be able to invest in e-discovery tools to review more evidence?
In March, New York passed criminal justice reforms requiring prosecutors to exchange evidence with defense attorneys within 15 days of an arraignment, with a few exceptions. Likewise, the defense is required to disclose their own discoverable material within 30 days, though they will now be allowed to review a prosecutor’s evidence after they are offered a plea deal.
