Discovery is the opportunity for the accused to learn what information the government has regarding the accused person's case.  At this stage, the government is required to disclose and permit inspection, copying, testing, and photographing of most of the information regarding the accused person's case within the government's possession or control.  This includes any exculpatory evidence (showing lack of guilt) within the government's possession or control.

In order for discovery to occur, the accused must elect to participate in the discovery process.  Once the discovery process begins, the government has a time period to provide the discoverable materials.  Once the government provides their witness list and exhibit list, then the accused is required to provide a witness list (of any witnesses whom the accused expects to call) and an exhibit list to the government.

In a few states, like Florida, the accused will have the opportunity to take discovery depositions.  Florida permits discovery depositions of most material witnesses in a felony case and, by court order with good cause shown, in a misdemeanor case.

At the end of the discovery process, the criminal defense attorney will apply the discovered facts of the case to the relevant law.  The criminal defense attorney will evaluate the strengths and weaknesses of the government's case and render an opinion to the accused.