Discovery in a Federal Criminal Case: What Every Defendant Should Know

When you’re facing federal charges, one of the first questions you’ll ask is, “What evidence does the government have against me?” In the federal system, the answer comes through a process called discovery.

If you or someone close to you is involved in a federal investigation, understanding this process is one of the most important steps you can take to protect your rights.

As federal criminal defense attorneys in Miami, we guide clients through this process every day. Below, we explain how discovery works, what federal prosecutors must provide, what they don’t have to hand over, and how we use this information to challenge the government’s case.

What Is Discovery in a Federal Criminal Case?

Discovery is the formal exchange of evidence before trial. In federal court, it is governed primarily by:

  • Federal Rule of Criminal Procedure 16
  • The Brady Rule (and the related Giglio rule)
  • The Jencks Act (18 U.S.C. § 3500 and Rule 26.2)
  • The Southern District of Florida Standing Discovery Order and Local Rule 88.10

Federal discovery is far more limited than most people expect. Unlike civil cases—where both sides exchange massive volumes of information—federal prosecutors are not required to give the defense every document they possess.

The Standing Discovery Order: A Miami Advantage

In many federal districts, defense lawyers must file motions to get basic evidence. But in the Southern District of Florida, when we request it under Local Rule 88.10, the Magistrate Judge typically enters a Standing Discovery Order at your arraignment.

What this means for you:

The Standing Discovery Order requires the government to make its Rule 16 and Local Rule 88.10 disclosures within about 14 days of arraignment—without us needing to file additional motions.

This speeds up the process and gets us access to the evidence far earlier than in many other districts.

What the Government Must Provide Under Rule 16

Rule 16 is the foundation of federal criminal discovery. Here’s what prosecutors must turn over:

1. Your Statements

This includes:

  • Written or recorded statements you made.
  • Oral statements you made in response to interrogation by someone you knew was a government agent, if the government intends to use them at trial.
  • Any grand jury testimony you gave.

Important: You generally are not entitled to see the grand jury testimony of other witnesses at this stage.

Why this matters: We analyze your statements for Miranda issues, coercion, inaccuracies, and grounds to suppress them.

2. Your Criminal History

Rule 16 requires the government to turn over any criminal history information about you that is in its possession.

We use this to understand your potential sentencing exposure and criminal history score.

3. Documents, Digital Evidence, and Physical Items

Under Rule 16(a)(1)(E), we receive:

  • Items seized during searches
  • Digital evidence (texts, emails, phone extractions, social media data)
  • Photographs and video surveillance
  • Business or financial records
  • Any documents or objects that are:
    • material to preparing your defense,
    • the government intends to use at trial, or
    • were obtained from or belong to you

Why this matters: We don’t just look at what the prosecutor plans to show a jury—we push for the underlying data that may prove your innocence or weaken their narrative.

4. Test and Examination Reports

This includes:

  • Drug lab reports
  • DNA results
  • Fingerprint comparisons
  • Forensic computer analysis
  • Other scientific or technical evaluations

We analyze chain of custody, methodology, qualifications, and calibration issues—scientific evidence is not nearly as bulletproof as people think.

5. Expert Witness Information

Prosecutors must provide:

  • The expert’s opinions
  • The bases for those opinions
  • The expert’s qualifications

This allows us to challenge unreliable or overstated government science.

Note on Reciprocity

Once the government complies with its Rule 16 obligations—especially regarding documents, physical evidence, and expert reports—the Standing Discovery Order and Rule 16 require us to provide the evidence and expert reports we intend to use in our defense.

The Brady Rule: Evidence That Helps You

Under Brady v. Maryland and Giglio v. United States, the government must disclose:

  • Evidence suggesting someone else committed the crime
  • Information that undermines a government witness’s credibility
  • Promises, benefits, or deals given to cooperating witnesses
  • Inconsistent statements made by witnesses
  • Any material favorable to you on guilt or punishment

The timing problem: While Brady requires disclosure in time for effective use at trial, it does not set a specific national deadline. That creates a gray area where some prosecutors delay disclosure.

We push aggressively—using the Standing Discovery Order and Local Rule 88.10—to force the government to turn over Brady material early enough to use it in plea negotiations, not just at trial.

The Jencks Act: Witness Statements Released Later

The Jencks Act and Rule 26.2 govern prior statements of witnesses who will testify for the government. Technically, prosecutors do not have to turn over these statements until:

  • after the witness testifies on direct examination, and
  • after the defense requests the statements.

Covered material includes:

  • Grand jury transcripts of testifying witnesses
  • Verbatim statements adopted by the witness
  • Certain FBI 302s if they qualify as “statements”

Local practice in SDFL: Although the law allows the government to wait, courts and prosecutors in this district generally provide Jencks material a few days to a week before trial. This avoids delays and gives the defense a meaningful opportunity to prepare for cross-examination.

What Federal Discovery Does Not Include

Federal discovery does not give the defense:

  • Immediate access to confidential informant identities (unless a balancing test is met)
  • Internal government strategy memos or attorney work product
  • Rough notes that were not adopted by a witness (unless they qualify as Jencks or contain Brady material)
  • Grand jury transcripts of witnesses who will not testify at trial

These limits often surprise people—but they are built into federal law.

How We Use Discovery to Build Your Defense

Discovery isn’t just documents. It’s strategy.

Challenging Searches
If we find problems with warrants—overbreadth, omissions, or false statements—we move to suppress evidence.

Testing the Evidence
We scrutinize gaps in surveillance, flawed digital forensics, missing data, unreliable witnesses, and inconsistent statements.

Negotiation Leverage
When we show prosecutors the weaknesses in their case, they often become more flexible in plea negotiations.

What You Should Do as a Federal Defendant

You can help your defense by following this guidance:

  • Be completely honest with your attorneys. Discovery often reveals everything eventually.
  • Do NOT investigate on your own or contact witnesses. This can lead to obstruction charges.
  • Do NOT delete anything. Destroying digital data can be a separate federal crime.
  • Be patient. Federal cases often involve huge amounts of digital evidence. Rushing is dangerous.

Final Thoughts: Discovery Is Where Cases Are Won

If you’re facing federal charges in Miami or Fort Lauderdale, the discovery process is one of the most critical stages of your case. Through discovery, we can:

  • Identify flaws in the government’s evidence
  • Seek suppression of illegally obtained material
  • Obtain exculpatory (Brady) information
  • Negotiate from a position of strength

The earlier a skilled federal criminal defense lawyer becomes involved, the sooner we can enforce the Standing Discovery Order and begin building the strongest defense possible.

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