A Brady violation is a violation of the Brady rule, which requires prosecutors to disclose specific evidence to the defense in a criminal trial. Prosecutors must disclose any evidence favorable to the defendant. For more information about this violation, consult with a Los Angeles criminal defense lawyer.
Your lawyer can determine whether a Brady violation has occurred in your criminal case. They will look for favorable evidence to prove to prosecutors that you did not commit a crime. Throughout your litigation, your attorney will protect your rights and fight any criminal charges filed against you.
What Is the Brady Case?
The Brady rule stems from a case involving a man named John Brady, who 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 Boblit’s testimony did not make it to trial.
In 1963, the Supreme Court heard the case. It 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 a dismissal. After spending 16 years in prison, Brady was granted clemency by the Maryland Governor in 1974.
If you believe there is evidence that questions your crime, consult with a lawyer. For example, you can work with a federal crime lawyer in Los Angeles who will address your legal concerns and questions. Your defense counsel will help you get a fair trial and present a wealth of evidence to a district attorney, federal prosecutors, and others.
For a free legal consultation, call (310) 896-2723
What Is the Due Process Protections Act?
The Due Process Protections Act (DPPA) was signed into law in October 2020. It was created as a rule to reduce the number 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.
In addition to the reminder, federal judges must explicitly explain to prosecutors the consequences they will face if they commit a Brady violation. This increases the likelihood that helpful evidence will be available to defendants in criminal cases. It also reduces the risk of wrongful convictions in government cases and others.
DNA evidence and other forms of proof may be available to you in your criminal case. However, prosecutorial misconduct may prevent you from accessing this proof. With help from a criminal defense lawyer in California, you can take legal motions to get the proof you need to show you are not liable for a crime.
What Is Considered Brady Material?
When trying to understand what a Brady violation is, consider exculpatory evidence. This is Brady material, and it refers to physical evidence and other proof that the prosecution withholds that may be helpful to the defense team. Brady material falls into the following categories:
Evidence that Proves Someone Else Committed a Crime
This exculpatory evidence includes items that show someone other than the accused was the perpetrator of the crime. This evidence can come in several forms. Examples of this type of evidence include:
- DNA that identifies someone other than the accused
- Videos or photos of a new suspect
- Witness statements that corroborate the defendant’s alibi
- Fingerprints that identify a possible new suspect or eliminate the current defendant charged with the crime
Evidence that Suggests a Witness Is Lying
This evidence indicates that a witness may be lying to protect themselves or others. It shows that a witness involved has a motive to lie or provide false testimony, or someone assigned to the case might not be a credible source of information. People assigned to the case who might not be credible include police officers, lab technicians, and others.
Evidence that Shows Sentencing Should Be Less Harsh
Evidence that falls under this category includes 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. They also account for the evidence in question.
Brady material can raise doubts about the reasonable probability that you actually committed a crime. Plus, it can improve your chances of getting a fair trial. Your lawyer can discuss Brady material in conjunction with the criminal statute of limitations in California and other legal topics relating to your case.
How Failing to Disclose Evidence Can Lead to an Erroneous Conviction
Individual prosecutors will do everything possible to get a conviction. Meanwhile, they have a constitutional duty to operate within the confines of the law. If a prosecutor fails to disclose impeachment evidence or prevents a defendant’s attorney from questioning a government witness, they are disrupting the criminal justice system.
If you do not have all of the evidence from a crime scene or other proof in your criminal case, it becomes exceedingly difficult to make a compelling argument. In a situation where the prosecutor has not disclosed evidence, they are violating your legal rights. Your criminal defense lawyer prioritizes your rights and advocates on your behalf.
Following a criminal charge, meet with a lawyer, and they can review your case in detail. If your attorney has concerns that your legal rights have been violated, they will let you know. Your lawyer can also explain what to do if a Brady violation occurs during your trial.
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What to Do If a Brady Violation Has Occurred During Your Criminal Trial
If you believe prosecutors committed a Brady violation during your trial, notify your attorney. They can communicate with prosecutors for you. Your lawyer can also take the following steps to help you contest your criminal charge and avoid a conviction:
- Conduct a thorough investigation of your case and gather important evidence
- Ensure your constitutional rights are protected, and you always have a lawyer with you during police questioning and court proceedings
- Challenge the prosecution’s evidence and question the credibility of witness testimony
- Negotiate a plea bargain with the prosecution
- Prepare you for questions you will receive during your trial
- Handle the discovery process, including the collection of crime scene evidence and other proof
- Make compelling opening and closing statements during your trial
- Question members of the police department and other parties about the charges against you
- Maintain open communication with you and keep you informed regarding new developments in your case during the discovery phase and at other times
- Request a dismissal of charges
- Appeal adverse rulings or verdicts
- Provide legal advice and guidance as you move through the legal process
As you can see, an experienced lawyer can do a lot to protect you from a fine, prison sentence, and other harsh criminal penalties. Whether you suspect a Brady violation has been made or not, count on an attorney. They will fight for the outcome you want in your criminal case.
Remedies for a Brady Violation
Many Brady violations are not discovered until after the defendant has been convicted of and sentenced for a crime. This means that the defendant may have already served time in jail and needs to have their conviction overturned. Here are possible remedies for a Brady violation that a California criminal defense lawyer can assist with during your case.
Remedies Available Prior to a Criminal Trial
Your defense attorney can file a motion to challenge the evidence. They can also file a motion to have your charges dismissed with prejudice, so 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 do 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 your case
- Request ethical sanctions against the prosecutor assigned to your case
Brady Violation Remedies Available During a Criminal
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 declare you not guilty. Your attorney 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. Your defense lawyer will file one of the following on your behalf:
- Direct appeal of your conviction
- Filing a motion for a new trial
- Petition for a writ of habeas corpus
If the motion is granted, you will be granted a new trial. When this happens, the government often does not want to spend the expenses related to a new trial. At this point, you will be able to walk free.
Contact a Criminal Defense Lawyer Today
Surveillance footage and other evidence may make it clear to the court that the criminal charges against you should be dismissed. Yet, you may have no idea what a Brady violation is or that this even exists. Fortunately, a criminal defense attorney in Los Angeles can review your case and help you determine if your legal rights were violated.
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. Simmrin Law Group has handled more than 100 jury trials, and we will apply what we know to your case. Contact us today to schedule a case evaluation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form