In criminal proceedings, the prosecution is required under the constitution to give over so-called Brady information. This criterion, which is named after a United States Supreme Court decision, applies to all significant, exculpatory evidence. To put it another way, if the evidence is important to the defendant’s guilt, innocence, or punishment, the prosecution is obligated by law to provide it over to the defense.
This makes sense, given that the prosecution controls the majority of the information and authority in a criminal case, as well as the choice to charge the defendant. The state will provide the majority of the evidence in a criminal case, such as police reports, witness testimonies, recordings, DNA analysis, and pictures.
However, in any criminal prosecution, the defense may be able to present its own evidence. Is the defendant obligated to turn over evidence to the prosecution in that situation? Continue reading to learn the answer to this question and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with a criminal defense attorney.
What the defense has to give over
The answer is yes — but with certain restrictions. In contrast to prosecutors’ wide discovery needs, California law requires defendants to disclose the following information to the prosecution:
- The names and addresses of any witnesses he or she plans to call at trial who are not the defendant
- Any written or recorded comments made by any of these prospective witnesses
- Any expert reports, including the findings of physical or mental examinations, scientific tests, studies, or comparisons, that the defendant plans to present in court
- Any actual evidence that the defendant plans to present during the trial (tangible objects, like a knife or a piece of clothing)
The goal of these guidelines is to keep the jury from being caught off guard throughout the trial. To put it another way, if the defendant has an expert witness who will testify that the state’s DNA test was incorrect and that he could not have contributed to the DNA sample in issue, the prosecution should know about it before the trial.
This also has the effect of encouraging settlement before to trial. If the prosecution is given the opportunity to review a report from a different expert witness, for example, they may decide that they need to reevaluate their case, and the charges against the defendant may be reduced or dismissed.
The defense’s duty to disclose evidence is not as extensive as the prosecution’s. This provides a fair trial and due process for the defendant. Furthermore, if the prosecution fails to turn over evidence in line with the law, the defendant has the right to submit a request to compel production of evidence, which might result in the conviction being reversed.
If you’ve been charged with a crime, you’ll want to choose a lawyer that knows California law, particularly how disclosure rules affect your case. Dan E. Chambers has experience as a prosecutor as well as a private criminal defense attorney. He puts his expertise and experience to work for his clients, ensuring that their cases have the best possible conclusion. To book a free first consultation, contact Chambers Law Firm at 714-760-4088.
