Indicted in Federal Court: Part 3 - Discovery & Pretrial Motions
Building the Case: Discovery and Pretrial Strategy
Once the question of detention and bond is decided, the case moves into a critical phase: discovery and pretrial motions.
This stage is where your attorney begins to see what the government has—and where strategy really takes shape.
What Is Discovery?
“Discovery” is the legal term for the evidence the government must share with the defense. In federal cases, discovery often includes:
FBI or DEA reports
Recordings (wiretaps, body cameras, interviews)
Lab results or forensic testing
Witness statements and grand jury testimony
Digital evidence from phones or computers
The defense does not always get everything at once. Evidence may be turned over in stages as the case develops.
The Role of Pretrial Motions
Your lawyer may file pretrial motions to shape what the jury will (and won’t) hear. Common motions include:
Motion to Suppress: Asking the judge to exclude evidence obtained illegally (for example, after an unlawful search).
Motion to Dismiss: Arguing that the charges should be thrown out because the indictment is defective or the law doesn’t apply.
Motions in Limine: Requests to limit or exclude certain testimony or exhibits at trial.
Expert Challenges: Questioning the reliability or qualifications of government experts.
These motions can have a huge impact on the case. Even if they don’t end the prosecution, they can narrow the issues and weaken the government’s evidence.
The Speedy Trial Clock
Under federal law, defendants generally have the right to trial within 70 days of indictment or first appearance. But in reality, most cases take much longer. Why?
The defense often requests more time to review discovery.
Complex cases require experts and investigators.
Judges may grant continuances “in the interests of justice.”
While it may feel frustrating, extra time often allows the defense to prepare a stronger case.
Working with Your Attorney
This is the stage where clients can be most helpful. Things you can do include:
✔️ Share all documents, texts, or evidence you may have.
✔️ Provide names of potential witnesses or character references.
✔️ Be honest about your history—your lawyer can’t protect against surprises they don’t know about.
✔️ Stay engaged and attend every meeting or call with your attorney.
Why This Step Matters
The discovery and pretrial stage is about more than paperwork—it’s about strategy. How evidence is handled here can change the direction of the case, influence plea negotiations, or even determine whether certain charges survive to trial.
Takeaway: This is the time to dig in, review evidence, and let your attorney fight on the legal front lines. What happens before trial often sets the stage for everything that follows.