Discovery is the ongoing process where parties in a case exchange certain types of evidence. However, you will likely hear the word used to refer to the actual evidence requested or provided. During this process, your attorney will request and review the evidence the prosecutor plans to use against you. This usually includes reports from law enforcement and any statements made by you. Because not all types of evidence are immediately discoverable and may come very late in the process, even during trial, it is essential that you are forthcoming with your attorney about your case. While your attorney will likely talk to the prosecutor about your case, they will not disclose any of the confidential information you have discussed. Anything you tell your attorney, or other representatives from the Federal Defender Office assigned to assist in your case, is privileged.
Your attorney will evaluate with you the strength of the evidence, inform you whether there are issues to be raised in a pretrial motion, explore possible defenses, and direct investigation on your behalf, as needed. They will also tell you the possible sentences you may face if you are convicted. This will help you decide whether you wish to enter a plea or go to trial.