how long does the prosecutor have to give evidence to your attorney

by Edna Pollich Published 2 years ago Updated 1 year ago 3 min read

There really is no set time. In general, the prosecutor will give discovery at one or more pretrial hearings or conferences. It is not all uncommon for the process to take more than a month.

The rule is that all evidence must be given to you 10 days before trial. That doesn't give you a lot of time, which is why most prosecutors give you evidence as the case moves along.

Full Answer

Should prosecutors guard evidence through discovery?

Sep 26, 2019 · How long does a prosecutor have to give an attorney the discovery evidence in a capitol murder case I hired an attorney for my sons capitol murder case and its been two weeks and he still hasn't received the discovery evidence he is still waiting is that to long?

Do prosecutors have to disclose evidence?

Is the prosecution required to turn evidence over to the defense?

Can a prosecutor disclose all discovery on the eve of trial?

Sep 17, 2014 · There really is no set time. In general, the prosecutor will give discovery at one or more pretrial hearings or conferences. It is not all uncommon for the process to take more than a month. Often, the initial discovery, provided at or before the first pretrial hearing, is incomplete, and more discovery is necessary.

What is it called when the prosecutor withholds evidence?

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

Does the prosecutor provide evidence?

PROSECUTORS ARE REQUIRED TO GIVE THE DEFENSE ALL EVIDENCE, INCLUDING EVIDENCE THAT MAY BE FAVORABLE TO THE DEFENDANT. When a person is charged with a crime, the prosecution is bound by law to provide all the evidence supporting the charge or charges, including evidence that might exonerate the defendant.Nov 16, 2017

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

What evidence is the prosecution required to give to the defense prior to trial?

exculpatory evidence

A failure of the prosecutor to do so can expose the prosecutor to fines/sanctions by the court. Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. This evidence could show the defendant's innocence.

Does the prosecutor talk to the victim?

To try and put them at their ease, prosecutors will, where circumstances permit, introduce themselves to victims and witnesses when at court. They will explain the court process and will be prepared to answer questions about what will happen during the trial but they must not discuss the evidence.Feb 8, 2022

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.

Does prosecution have to disclose all evidence?

The prosecution are under an initial duty of disclosure to 'disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused.

Does all evidence have to be presented before a case?

Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

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.

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense select one?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

When must Brady evidence be disclosed?

Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).

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

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....

Yvonne Ann Trevino

Everyone has seemed to hit the nail on the head. There is no set time for discovery to be exchange. Depending on how busy the prosecutor's office is, how busy the court dockets are and the overall volume, it may not get exchanged until the pretrial. As one attorney mentioned, you will need to sit tight and be patient.

Scott Allen Kelly

There is no set time. And every court has it's usual policies and time frames. Even if discovery is not produced by the day of trial many courts use a continuance of the trial as the remedy. Keep in touch with your attorney or consider hiring an attorney if you do not feel the PD is being responsive.#N#More

Christopher Lee Beck

There is not a certain specific amount of time however failure for the prosecutor to give discovery could be grounds for a continuance at the states expense which could (although rarely does) affect a persons speedy trial right. If you are not satisfied with your attorney you should retain one that you trust...

Matthew Oberlin Williams

There really is no set time. In general, the prosecutor will give discovery at one or more pretrial hearings or conferences. It is not all uncommon for the process to take more than a month. Often, the initial discovery, provided at or before the first pretrial hearing, is incomplete, and more discovery is necessary.

Why is it important to retain an attorney?

Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensuring that the accused has an effective defense, but also to ensure that the prosecutor does not violate the applicable statute of limitation.

What is the statute of limitations?

Generally, statutes of limitations are laws which set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

What are the statutes of limitations in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: 1 Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; 2 Other felonies– three years; and 3 Misdemeanors – one year.

Is a wobbler a felony?

Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime which the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one year statute of limitation, while one charged as a felony would be ...

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.

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 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 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 is Brady v. Maryland?

Brady v. Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is:

Is a police report a 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 ...

What is material evidence?

“Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

How important is it to keep records of discovery?

One of the most important steps in the discovery process is keeping good records regarding disclosures. Prosecutors should make a record of when and how information is disclosed or otherwise made available. While discovery matters are often the subject of ligation in criminal cases, keeping a record of the disclosures confines the litigation to substantive matters and avoids time-consuming disputes about what was disclosed. These records can also be critical when responding to petitions for post-conviction relief, which are often filed long after the trial of the case. Keeping accurate records of the evidence disclosed is no less important than the other steps discussed above, and poor records can negate all of the work that went into taking the first three steps.

What are the rules of professional conduct?

Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities.

Why is it important to comply with discovery obligations?

First and foremost, however, such compliance will facilitate a fair and just result in every case , which is the Department's singular goal in pursuing a criminal prosecution. This guidance does not and could not answer every discovery question because those obligations are often fact specific. However, prosecutors have at their disposal an array of resources intended to assist them in evaluating their discovery obligations including supervisors, discovery coordinators in each office, the Professional Responsibility Advisory Office, and online resources available on the Department's intranet website, not to mention the experienced career prosecutors throughout the Department. And, additional resources are being developed through efforts that will be overseen by a full-time discovery expert who will be detailed to Washington from the field. By evaluating discovery obligations pursuant to the methodical and thoughtful approach set forth in this guidance and taking advantage of available resources, prosecutors are more likely to meet their discovery obligations in every case and in so doing achieve a just and final result in every criminal prosecution. Thank you very much for your efforts to achieve those most important objectives.

What is FN 1?

FN 1. For the purposes of this memorandum, "discovery" or "discoverable information" includes information required to be disclosed by Fed.R.Crim.P. 16 and 26.2, the Jencks Act, Brady, and Giglio, and additional information disclosable pursuant to JM 9-5.001. FN 2.

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;

What is expert report?

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; 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 Factors Do You Consider In Determining Whether To Accept a Plea Offer Or Not?

The first things we take a look at are what evidence the prosecution could offer at a trial and what the likelihood of conviction might be.

How Common Is It For Criminal Cases To Go All The Way To Trial In New York?

This is actually something that’s been studied quite a bit.

Will Going To Trial Put Me At Risk Of Facing A Harsher Sentence Than If I Took The Plea?

That is possible. The entire lure of a plea bargain is that you are offered less than the maximum penalty that you could face if you were to go to trial.

What Should I Expect Throughout The Trial Process In My Criminal Case In New York?

The trial process begins with jury selection. At the Federal Level, the judge asks all the questions of the potential jurors. In State Court, both the prosecutor and the defense attorney are allowed to question the potential jurors directly as part of a process known as “voir dire”.

What is discovery in court?

(1) Upon request, in misdemeanor and violation-level cases, the prosecuting attorney shall furnish the defendant's attorney, or the defendant, if pro se, with the following: (A) a copy of records of statements or confessions, signed or unsigned , by the defendant, to any law enforcement officer or agent;

Is JustAnswer a private forum?

JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney and the response above is not legal advice.