can my defense attorney tell me what yhe prosectutor evidence is

Until you are charged, your attorney does not have the right to see the evidence. However, once a charge has been made, your attorney will follow the rules and procedures for Florida in asking for discovery at which time you will see what evidence is being presented against you. 1 found this answer helpful

Full Answer

Can a prosecutor look at evidence in a criminal case?

Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of ...

Does the defense have to disclose evidence to the prosecution?

Dec 02, 2019 · In that situation, does the defendant have an obligation to disclose evidence to the prosecution? According to a criminal defense attorney Santa Ana, CA, the answer is yes — but with some limitations. Unlike the broad discovery requirements for prosecutors, California law provides that defendants are obligated to provide the following information to the prosecution:

Do prosecutors have to hand over all the discovery?

There are numerous types of evidence and even more rules about the gathering, handling, and use of evidence under U.S. and state criminal laws. Because of this, understanding evidence can be difficult and often cause more stress than it resolves. For in depth questions about the evidence in your case, a consultation with a defense lawyer is ...

What is the difference between a prosecutor and a defendant?

Nov 09, 2016 · If you believe that a prosecutor is withholding evidence that could prove your innocence, call (858) 756-7107 immediately to speak with a highly skilled San Diego criminal defense attorney. With years of experience, attorney McElfresh can conduct an independent investigation and find material evidence that is being covered up in your case.

What evidence does the Defence have to disclose?

14. Section 34 of the 2003 Act inserted section 6C into the Criminal Procedure and Investigations Act 1996, requiring the defence to give the prosecutor and the court advance details ie name, address and date of birth of any witnesses they intend to call at a trial.Sep 7, 2020

Does the prosecutor need to disclose exculpatory information to the defense?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. ... The defendant bears the burden to prove that the undisclosed evidence was both material and favorable.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

How can a defense attorney discredit evidence?

The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

What counts as exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is the Giglio rule?

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

Does prosecution have to disclose all evidence?

Defendants couldn't force prosecutors to hand over witness statements or even reveal the names of their witnesses. ... Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

What is it called when the prosecutor withholds evidence?

Guilt By Omission: When Prosecutors Withhold Evidence Of Innocence.Aug 4, 2017

Can defendant See witness statements?

Although witnesses are not entitled as of right to see a copy of their statement before the day of trial, there is no general rule that prohibits a witness from seeing their statement before trial. Many courts have approved the practice of allowing witnesses to see their statements prior to trial.Dec 4, 2019

What is proof defense failure?

Failure of Proof – an individual's simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense. Mistakes – in certain circumstances, an individual's mistake can be used as a defense.

Can you discredit your own witness?

The rule against impeaching the credibility of one's own witness makes its appearance in the law reports as early as 1681,1 but its origin may lie deeper in the reaches of legal history.

What is assume facts not in evidence?

Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown. ... Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts.

Can Prosecutors Spring Evidence on Defendants Like They Do on TV?

No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...

Are Discovery Rules Really Intended to Help Defendants at Trial?

Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...

Does Discovery Mean That The Prosecution Has to Reveal Its Case Strategy?

No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...

Is There A Particular Period of Time Prior to Trial When The Defense Issupposed to Engage in Discovery?

Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....

What are the requirements for a criminal trial?

According to a criminal defense attorney Santa Ana, CA, the answer is yes — but with some limitations. Unlike the broad discovery requirements for prosecutors, California law provides that defendants are obligated to provide the following information to the prosecution: 1 The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial; 2 Any relevant written or recorded statements of any of these potential witnesses persons; 3 Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial; 4 Any real evidence which the defendant intends to offer in evidence at the trial (tangible objects, like a knife or a piece of clothing)

What is Brady material?

In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material. Named after a United States Supreme Court case, this requirement extends to all material, exculpatory evidence. In other words, if the evidence is relevant to the guilt, innocence or punishment of the defendant, ...

What is expert testimony?

Any relevant written or recorded statements of any of these potential witnesses persons; Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial;

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

Why is hearingsay important?

Hearsay is a very important but very complex legal matter with many exceptions. In the representation of criminal defendants, it is the defense lawyer’s job to make sure that the evidence used against you fits all these, and more, criterion. There are literally hundreds of rules and laws regarding evidence.

What are the rules of evidence?

Rules of Evidence. When facing criminal charges and even before you are formally charged, you will likely hear the word “evidence” thrown around a lot. Most criminal cases depend on evidence and without it there would be no charges.

Is evidence admissible in court?

Not all evidence is admissible in court. In order for evidence to be used against you in court, it has to pass several qualifications. First and foremost, the gathering or use of evidence must not violate your constitutional rights.

What is evidence in criminal cases?

Generally, evidence is: testimony or physical items used to establish blame in a criminal case. This means that testimonies, whether written, spoken, recorded, or otherwise communicated are considered evidence as much as physical “exhibits” are. There are two basic types of evidence: Direct evidence. Circumstantial evidence.

What is the difference between direct evidence and circumstantial evidence?

Direct evidence. Circumstantial evidence. All evidence falls under one of these two categories. Direct evidence delivers information that is true without requiring inference. In other words, it proves a fact beyond a reasonable doubt. Circumstantial evidence, however, is more common but is not direct proof. Instead it is a fact that can be used ...

What is circumstantial evidence?

Circumstantial Evidence. An expert who testifies that the bullet which killed Mr. B came from a 9 mm. weapon, though not specifying which one. A witness who testifies that they arrived at a crime scene to find Mr. A standing over Mr. B with a smoking gum.

What to do if your rights are violated?

If your rights have been violated or if the evidence is irrelevant to the case your defense attorney should do everything they can to ensure it isn’t used against you. To fully understand the evidence in your case and the impact it can have on your criminal charges, you need to speak with a defense attorney.

What to do if a prosecutor withholds evidence?

If you believe that a prosecutor is withholding evidence that could prove your innocence, call (858) 756-7107 immediately to speak with a highly skilled San Diego criminal defense attorney. With years of experience, attorney McElfresh can conduct an independent investigation and find material evidence ...

How to contact McElfresh Law?

She will work tirelessly to ensure that your legal rights are protected in the court of law. Call (858) 756-7107 now to see how McElfresh Law can reveal evidence that may lead to your charges being dismissed.

Can police officers be sued?

Police officers can also be sued for the same types of misconduct. However, officers are completely immune from any suit resulting from their court testimony. With this being the case, law enforcement personnel can only be sued for violations that occur outside of the courtroom.

What is Brady material?

They determined that it is a violation of due process for the prosecution to withhold or suppress certain types of evidence that the defense has requested. This evidence is now commonly referred to as “Brady material” and includes any material that is relevant to guilt or that is favorable to the defendant.

What happens if a defendant is convicted of a Brady violation?

If the defense discovers that the prosecution is guilty of a Brady violation after the defendant has been convicted, the defendant is given a new trial. However, a new trial is only awarded if the withheld evidence was material, or relevant to the case. According to the U.S. Supreme Court, the evidence is only considered material ...

What are the types of misconduct?

Types of misconduct include withholding, concealment, doctoring of evidence, and destruction of evidence. This type of intentional misconduct is punished under 42 U.S.C. and is a violation of the 14th amendment to the United States Constitution. Police officers can also be sued for the same types of misconduct.

What is testimonial evidence?

One is the testimonial evidence. That is oral evidence that a person will give in court under oath in order to let a judge or jury know facts about the case. This can be as simple as a witness describing an accident or as complicated as a doctor describing brain injury.

What does a lawyer do for you?

One of the most important things your lawyer must do for you is review the evidence against you and determine the value of that evidence and whether it is admissible against you. There are very complex rules in each state as to how and what evidence will be allowed. Often prosecutors will also try to hold back evidence that is harmful to their case. This is despite the fact that the Supreme Court long ago ruled that the defendant is entitled to all of the evidence against him, especially the type that is beneficial to his case. You need an experienced lawyer to be on the look out for this type of activity. It can be the meaning between winning or loosing your case.

Brent Aldrich Hart

I agree with the others here. I would also point out that the attorneys will rarely, if ever, give information directly to a witness on a case. Information is typically exchanged between the attorneys. I wouldn't spend too much time worrying about why the defense attorney is/or is not supplying information.

David Sho Ly

I'm sorry to hear about your situation. As you probably saw with the other answers, the defense attorney is not required to provide evidence to the state/prosecutor. On the other hand, the state/prosecutor is required to hand over all the discovery, regardless whether the materials contain exculpatory evidence (i.e.

Rebecca Lynn Stewart

You're in an unfortunate situation, and I'm sorry you have to go through this experience. First, it sounds like perhaps you have a young or inexperienced prosecutor.

James D. Laukkonen

It appears that you asked this a couple of times. You really only need to ask once to get answers. I agree with everything that has been stated in the other answers. It is tragic that you are having to deal with this at all, but from the sound of it, the attorney is doing his job.

Shane Michael O'Rourke

While the rules of discovery do apply to both sides to some extent, the reality of the situation is that the defense does not end up having to play by the same strict rules. It is a very traumatic experience to have to be an alleged victim in this type of a case.

Christopher Michael Sims

I have to say I apologize for your situation. From the perspective of the defense attorney. We don't have to disclose what we know. So we don't have the same standards of disclosure as a prosecutor does. We can "lie in the weeds" with information as it's commonly referred too.

Lucreita D. Becude

I agree with both my colleagues. Until you are charged, your attorney does not have the right to see the evidence. However, once a charge has been made, your attorney will follow the rules and procedures for Florida in asking for discovery at which time you will see what evidence is being presented against you.#N#More

Jennifer Ann Jacobs

Unfortunately, no. However, if charges are filed by the State, your attorney may file a notice of intent to participate in discovery, at which time, the State will have 15 days to turn over most of the information your are seeking.#N#More

Howard Woodley Bailey

I agree with my colleague, that prior to being at least charged, the prosecution has no obligation to tell you what they are investigating or to show you the information they have discovered. Good luck.#N#DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only.

What is plea bargain?

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.

Do judges get involved in the plea process?

Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions, the judge will generally assess the evidence against you and whatever defenses are available.

What is a plea of Nolo contendre?

A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...

What is a plea agreement?

A plea agreement must be approved by the court. In rare situations, a judge will reject an agreement made by a prosecutor and defense attorney requiring a renegotiation of the plea. The Plea Must Be Voluntary.

What are the rights of a jury?

Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.

Types of Discovery

• A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery that a defense attorney receives. Other forms of discover…

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Federal and State Discovery Statutes

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