Obtaining "Discovery" Through the Preliminary Hearing

• Jurisdiction: Maryland

VI. Obtaining "Discovery" Through the Preliminary Hearing

Although most preliminary hearings consist only of testimony from the principal investigator, occasionally a preliminary hearing may provide the defendant and counsel with an opportunity to use the preliminary hearing to learn more about the State's case, or obtain "discovery." For example, an investigating officer who witnessed an alleged drug transaction might be asked questions about the officer's ability to see the incident clearly. The officer...