does a defendant have the right to know who is paying the prosecution attorney

Can a prosecutor look at evidence in a criminal case?

Uncovering the Identity a Confidential Informant. The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops.

Do I have a right to an attorney in my case?

Dec 02, 2019 · Importantly, as a criminal defense attorney Santa Ana, CA can explain, the defense’s obligation to disclose evidence is not as broad as the requirements for the prosecution. This ensures that the defendant receives a fair trial and due process. In addition, if the prosecution fails to turn over evidence in accordance with the law, the ...

What is the defense entitled to know about the prosecution's case?

This means that the prosecutor, defense attorney and judge cannot force the defendant to testify. This right also protects the defendant from self-incrimination, commonly known as Miranda Rights, during arrest and at trial. This protection is exclusive to criminal defendants. A civil defendant may, however, be forced to testify as a witness in a civil case. Criminal defendants …

Can a prosecutor force a defendant to testify in court?

Mar 14, 2013 · This is something an employee of the attorney can do. However, some lawyers are a little too busy/lazy/whatever to do that, which results in the client not getting any info at all. But, as Mr. Farina said, there could be any number of reasons why it transpired as it did with this attorney and defendant.

What are the defendants rights?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What are the 5 rights of the accused?

Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all ...

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

Why is it important for an accused person to know the charges and evidence against him or her?

1876Court Explains Purpose Of Right To Be Informed The Court explains that the Sixth Amendment right to “be informed” has two purposes: (1) for the defendant to be able to defend himself or herself against specific charges and (2) for the court to know if there is enough evidence to convict the defendant.

What does the 5th Amendment do?

In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What is 6th Amendment?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...

What is Brady rule?

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.

Can the 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 the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What are the 4 rights of the accused?

The Rights of the Accused under the Sixth Amendment provides an in-depth look at seven key aspects of this area of the law:The right to a speedy trial;The right to a jury trial;The right to a public trial;The place of prosecution;The right to be informed of the nature and cause of the accusations;More items...•Jul 29, 2021

Does a defendant have the right to face the accuser?

Overview. The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action.

What are the 7 rights of the accused?

The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a SPEEDY TRIAL; (2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and to cross-examine adverse ...

Information The Prosecution Has to Share With A Criminal Defendant

In a criminal case, the prosecution must disclose information that forms the basis of its case. This process is called discovery. A defendant is en...

Uncovering The Identity A Confidential Informant

The general rule is that the prosecution doesn’t have to disclose the identity of a confidential informant. However, this rule has many exceptions;...

“We Don’T Even Know Who He Is!”

The prosecution and police typically don’t have to reveal the identity of an informant if they don’t have it. So if they get an anonymous phone cal...

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:

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

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).)

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

Is missing evidence a whole?

According to the U.S. Supreme Court, the missing evidence is to be considered as a whole rather than piece by piece , but it’s material only if there’s a “reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”. ( United States v.

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 information do defendants need to be able to provide to the prosecution?

Unlike the broad discovery requirements for prosecutors, California law provides that defendants are obligated to provide the following information to the prosecution: The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial;

What happens if the prosecution fails to turn over evidence?

In addition, if the prosecution fails to turn over evidence in accordance with the law, the defendant may file a motion to compel production of evidence — and a conviction may even be overturned.

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 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;

Where does most evidence come from in a criminal case?

Most of the evidence that will be used in a criminal case, such as police reports, witness statements, videos, DNA analysis, and photographs, will come from the state. But there is a possibility in any criminal case that the defense will have evidence of its own.

Does the prosecution have to turn evidence over to the defense?

In other words, if the evidence is relevant to the guilt, innocence or punishment of the defendant, then the prosecution is required by law to turn it over to the defense. This makes sense, as the prosecution has most of the information and power in a criminal case — and is the one who has made the decision to charge the defendant.

What are the rights of a defendant?

The Eighth Amendment provides criminal defendants with the right to a reasonable bail and the right against cruel and unusual punishment: 1 The Right to a Reasonable Bail: Bail is set by a judge and must not be excessive. This means that bail must be equivalent to the severity of the crime and the person’s likelihood of fleeing. 2 The Right Against Cruel and Unusual Punishment: The Eighth Amendment prohibits cruel and unusual punishments if the defendant is convicted. This right guarantees prisoners access to proportionate sentences as well as basic human rights during incarceration.

What can an attorney do for you?

An attorney can help negotiation a fair plea bargain or guide you through the complex trial process. If you have been charged with a crime, asking for a court appointed public defender or obtaining private criminal defense counsel is highly recommended.

What is the right to a speedy trial?

If a defendant cannot afford a lawyer, a judge will appoint a public defender. The Right to a Speedy Trial: The Sixth Amendment also provides criminal defendants the right to a speedy public trial. This clause does not specify a time limit.

What is the right to remain silent in a civil case?

This right also protects the defendant from self-incrimination, commonly known as Miranda Rights, during arrest and at trial. This protection is exclusive to criminal defendants. A civil defendant may, however, be forced to testify as a witness in a civil case. Criminal defendants have the right to remain silent.

What is the right to remain silent?

Right to Remain Silent: The Fifth Amendment protection states that a defendant cannot "be compelled in any criminal case to be a witness against himself.". In short, a defendant may choose to remain silent. This means that the prosecutor, defense attorney and judge cannot force the defendant to testify.

What is the 6th amendment?

Understanding Your Sixth Amendment Rights. The Sixth Amendment provides criminal defendants with the right to legal representation, the right to a speedy trial, and the right to confront witnesses: The Right to Representation: The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right … to have ...

What happens if you get hung on a jury?

In the event of a “hung jury” (juries cannot come to a decision ) a prosecutor may chose to retry the case or the defendant may be acquitted (go free). The Right to Confront Witnesses: The Sixth Amendment gives a criminal defendant the right to confront their accuser and witnesses (i.e. “look them in the eye”).

Can a defendant see a police report?

Understand that it is a misdemeanor for the attorney to give the defendant a police report or other investigation report which contains biographical information/contact information on the other parties to the offense. The defendant can see the names. However, the defendant cannot see birthdates, phone numbers, addresses, employment, etc. - information often noted on such reports.

Can you redact police reports?

Yes you have the right to review the evidence and can receive redacted copies of the police reports. Robert Driessen. Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Can Vy's lawyer see the videotape?

Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

What is the right to an attorney?

The right to an attorney, regardless of financial means, is one of the fundamental rights included in the Miranda warnings that police must read to people during or after their arrest.

What is the right to a public defender?

The Right to a Public Defender. The right to an attorney in criminal proceedings is clearly stated in the Sixth Amendment to the U.S. Constitution, but the real-world application of this right is quite complicated. Even when a defendant’s right to representation by an attorney seems unquestionable, the issue remains of how to pay for legal services.

What case did the Supreme Court rule that a defendant must appoint counsel?

The Supreme Court first ruled on the issue of indigent defense in Powell v. Alabama, 28 7 U.S. 45 (1932), which held, in part, that the state denied the defendants’ due process rights by not providing access to counsel, despite the defendants’ inability to pay legal fees. Since the Gideon decision, the Supreme Court has held that state courts must appoint counsel in misdemeanor cases that carry the possibility of substantial jail or prison sentences. This applies even when the defendant’s specific circumstances carry no actual risk of confinement, such as when a defendant was facing, at worst, a suspended sentence of more than one year. Alabama v. Shelton, 535 U.S. 654 (2002).

Which amendment gives the right to counsel?

Sixth Amendment Right to Counsel. The right to an attorney has applied in federal prosecutions for most of the nation’s history, but it did not extend to all state-level felony cases, based on the Fourteenth Amendment, until the U.S. Supreme Court decided Gideon v. Wainwright, 372 U.S. 335 (1963). The court later expanded ...

Can a court appoint an attorney?

Courts may appoint an attorney to represent an indigent defendant at public expense. Some jurisdictions have established public defender offices, while others maintain a roster of criminal defense attorneys who will accept court appointments.

Who was the first woman to have a public defender office?

The person credited with the first proposed public defender’s office is Clara Shortridge Foltz, who was also the first female attorney on the West Coast.

Can a defendant be appointed as a public defender?

Thus, a defendant charged with a minor offense such as a traffic violation will probably not be appointed a public defender.

3 attorney answers

Too many questions to really answer them all. Yes, you can attend depositions and object ot question and inquire of the witnesses yourself. Objecting to questions does not prevent them being asked and answered, only preserves a legal objection if one really exists.

Barry A. Stein

Please see my response to your other query. Lawyers (or pro per litigants) aren't required to get permission to speak to witnesses, they're only required to serve notices of deposition on the other parties to the case...

Pamela Koslyn

The answer to the question in the title is yes. If you are looking for free or reduced fee help you should contact a legal services organization in your area. A non-profit group may be able to help you find a lawyer who could help in your situation. The rules of evidence are not something that could be adequately explained in this forum.

Who is the burden of proof in a criminal case?

The burden of proof in a criminal case lies with the State. In the U.S. an accused is innocent until proven guilty beyond a reasonable doubt. This means that the State, through the prosecuting attorney, must prove each and every element of the offense beyond a reasonable doubt. The defendant, on the other hand, is not required to prove, or do, anything. The defendant does not even have to present a defense — and, in fact, sometimes not presenting a defense is actually the best defense.

How to contact Petersen Criminal Defense Law?

In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.

Types of Discovery

The Right to Discovery: Brady Material

• 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.

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Federal and State Discovery Statutes

Questions For Your Attorney