in what cases must a defense attorney turn over evidence

It appears clear that, where the item is contraband an instrumentality or fruit of a crime, the criminal defense attorney has an affirmative responsibility to turn-over the item to law enforcement agents, irrespective of the existence of a court order or a written request.

Full Answer

When does the prosecution have to turn over evidence to defense?

Oct 10, 2018 · In those cases where an exception to a general rule should apply, the criminal defense attorney must carefully review the law in his/her jurisdiction and the special facts of the case. If the evidence is such that it must be turned over to law enforcement authorities, at the very least, the criminal defense attorney should make sure that the government stipulates that …

What evidence does a defense attorney have to disclose to prosecutors?

the attorney has an affirmative duty4 to turn over incriminating physical evidence to the prosecution, even if the evidence came from the client.5 The court acknowledged that the attorney-client privi-lege may prevent the court from forcing the attorney to testify in some cases about the source of the evidence,6 but not when, as in 1. See, .g., ABA CODE OF …

When does the prosecution have to turn over exculpatory evidence?

Aug 05, 2015 · Prosecutors must turn over evidence to criminal defense team In order for a Pennsylvania resident to be convicted of a crime, prosecutors are required to establish that person’s guilt beyond a reasonable doubt in a court of law.

What happens when a lawyer takes possession of evidence?

Dec 29, 2005 · In 1978, the Alaska Supreme Court ruled that a lawyer had a duty to turn over a client’s written kidnap plan to prosecutors even without having been asked for …

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....

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. 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.

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 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 does "unlawfully" mean in the law?

Nevertheless, as discussed below, the term “unlawfully” is generally understood to refer to conduct that violates a statute, court order, or other mandatory disclosure obligation.

What is unlawful obstruction in Texas?

“Unlawful” obstruction or concealment in general . Rule 3.04 (a) of the Texas Disciplinary Rules of Professional Conduct prohibits the unlawful obstruction, concealment, alteration or destruction of evidence. Rule 3.04 (a) provides:

What is a statement of facts?

Statement of Facts. A lawyer represents a client who is in jail awaiting trial in a felony domestic violence case. While in jail, the defendant receives several letters from a victim in the case that contain relevant information. The defendant gives those letters to the lawyer, who takes the letters to his office for safekeeping.

Can a lawyer take possession of evidence?

A lawyer who elects to take possession of tangible evidence from a client in a criminal matter may not conceal that evidence from a prosecuti ng attorney or obstruct access to that evidence if doing so would be “unlawful.” A lawyer’s conduct with regard to potentially relevant evidence is unlawful if it is prohibited by statute, court order, or Mandatory Disclosure Obligation, as defined above. In general, however, a Texas lawyer is not required to disclose ordinary tangible evidence in a criminal matter in the absence of a court order or agreement.

Why is the handing over of exculpatory evidence important?

The handing over of exculpatory evidence is very important to the criminal justice system in this country. Without it, and without the strict discovery laws, defendants would have no way of knowing their charges or how to fight them. The chances of getting a wrongful conviction would be much higher than they are now.

Do you need to file a motion for discovery for a misdemeanor?

Defense attorneys generally need to file a formal request to receive discovery for a misdemeanor charge.