A Brady violation is a violation of the Brady Rule, which requires the prosecution to disclose specific evidence to the defense in a criminal trial. The evidence that the prosecution must disclose is any evidence that could be favorable to the defendant.
Brady violation evidence can prove that you did not commit the crime in question or show that your charges should be reduced or dismissed. A Los Angeles criminal defense lawyer from Simmrin Law Group can determine whether a Brady violation occurred, protect your rights, and fight any criminal charges filed against you.
What Is Considered Brady Material?
When trying to understand what a Brady violation is, it’s helpful to consider the types of material that the prosecution can face a Brady violation for withholding. In a broad sense of the term, Brady material is any evidence that might be helpful to the defense team. However, Brady’s evidence often falls into one of three categories:
- Evidence that the crime was committed by someone else
- Evidence that a witness for the government might be lying
- Evidence that the sentence for the crime should be less harsh
Evidence That Proves the Crime Was Committed by Someone Else
This type of evidence includes items that show someone other than the accused was the perpetrator of the crime. This evidence can come in several different forms, including, but not limited to, the following:
- DNA that identifies someone other than the accused
- Video or still photos of a new suspect
- Witness testimony that corroborates the alibi of the defendant
- Fingerprints that identify a possible new suspect or eliminate the current defendant charged with the crime
Evidence That Suggests a Witness Is Lying?
This type of evidence shows that a witness involved in the case has a motive to lie, that they provided false testimony, or that someone assigned to the case might not be credible. People assigned to the case who might not be credible include police officers, lab technicians, forensic specialists, and others.
Evidence That Shows Sentencing Should Be Less Harsh
Evidence that falls under this category would include any item or piece of information that shows the defendant’s sentencing should be less harsh. Final decisions on this matter are usually based on the jurisdiction’s sentencing guidelines and the evidence in question.
Remedies for a Brady Violation?
Unfortunately, many Brady violations are not discovered until well after the defendant has been convicted of and sentenced for a crime. This means that the defendant will have likely already served time in jail and will need to have their conviction overturned.
However, there are possible remedies for a Brady violation that a California criminal defense lawyer can assist with during your case.
What Remedies Are Available Prior to a Criminal Trial?
Should your defense attorney discover a Brady violation prior to the beginning of the trial, they can file a motion to challenge the evidence. Your defense attorney can also file a motion to have your charges dismissed with prejudice. If this is approved, then the prosecutor will not be able to file the same charges against you a second time.
If the motion to dismiss with prejudice is not granted, your criminal defense attorney can then ask for the following:
- Request additional time to investigate the newly disclosed evidence
- Instruct the jury that a Brady violation has occurred
- Request admission of evidence that in other circumstances might not be admissible or relevant to the case
- Request ethical sanctions against the prosecutor assigned to the case
Brady Violation Remedies Available During a Criminal
It is more common for a Brady violation to come to light when a criminal trial is already underway. If this happens, your defense lawyer can file a motion for a judgment of acquittal. If you are granted an acquittal, the judge will bypass a decision from the jury, and you will be declared not guilty. Your defense lawyer also has the option of filing a motion for a new trial.
Brady Violation Remedies Available After a Conviction
In too many cases, Brady violations are not discovered until well after the defendant has been convicted. If this happens in your case, your defense attorney can file for post-conviction relief. The defense attorney will file one of the following on your behalf:
- Direct appeal to the conviction
- Filing a motion for a new trial
- Petition for a writ of habeas corpus
If the motion is granted, the defendant will be granted a new trial. When this happens, the government often does not want to spend the expenses related to a new trial, so the defendant is able to walk free.
What Is the Brady Case?
The Brady rule stems from a case involving a man named John Brady. John Brady was charged and convicted of first-degree murder in Maryland in 1963 along with Charles Boblit. Brady claimed he only took part in the robbery that preceded the murder. Statements made by Boblit supported this fact, but his testimony did not make it to the trial.
The Supreme Court heard the case in 1963 and decided that Brady’s rights were violated under the Due Process Clause of the Fourteenth Amendment but that the confession would not have led to an exoneration for Brady. Brady was eventually granted clemency by the Maryland Governor in 1974 after spending 16 years in prison.
What Is the Due Process Protections Act?
Signed into law in October 2020, the Due Process Protections Act (DPPA) was created in an effort to reduce the amount of Brady violations. The law requires federal judges to give strict reminders to prosecutors at the beginning of trials that they must disclose evidence according to the Brady rule.
On top of the reminder, federal judges must also explicitly explain to prosecutors the consequences they face if they commit a Brady violation.
What To Do if a Brady Violation Has Occurred During Your Trial
If you believe prosecutors have committed a Brady violation during your criminal trial, you’ll want to notify your attorney as soon as possible. The sooner your lawyer addresses the matter, the better the outcome will be for your case. Once your lawyer has been notified, they can review evidence, communicate with prosecutors, and take other steps to get the remedies you deserve.
In addition to combatting Brady violations, a skilled criminal defense lawyer can also take the following steps to protect you from a serious conviction:
- Conduct a thorough investigation of the case and gather important evidence
- Ensure your constitutional rights are protected during police questioning and court proceedings
- Challenge the prosecution’s evidence and question the credibility of witness testimonies
- Negotiate a plea bargain with the prosecution
- Prepare your for trial
- Make compelling opening and closing statements during your trial
- Maintain open communication with you and keep you informed regarding new developments in your case
- Appeal adverse rulings or verdicts
As you can see, there’s a lot that an experienced lawyer can do to protect you from a harsh fine or prison sentence. Whether you suspect a Brady violation has been made or not, you can count on an attorney to fight for the best possible outcome on your behalf.
Contact a Criminal Defense Lawyer Today
If you’re facing theft, assault, battery, or sex crime charges in California, you need a trusted law firm to protect you from life-altering consequences. Fortunately, the highly experienced team at Simmrin Law Group can review your charges, collect evidence, and build a case to defend you against those charges.
Contact a Los Angeles criminal defense lawyer from our firm today to schedule a free consultation. They’ll meet with you to explain your legal options and answer any questions you have about what a Brady violation is. We look forward to hearing from you soon.