There is a difference between defense attorneys having to pay out of pocket (and being reimbursed a few years later) and the DOJ paying the bill for their prosecutors.
Yes, very true, thanks. Another interesting angle is how DOJ can subpoena tech co's for, say, location information, but defense attorneys can't. So if you want exculpatory data, you have fewer avenues for getting it. The deck is stacked in a lot of ways against the defense.
What prevents defense attorney's from accessing that data? Would it be possible for a defendant to download his own location history and use it?