Title: Prosecutor’s Obligation to Disclose Exculpatory Evidence - Pioneer Law Office
Headings: Prosecutor’s Obligation to Disclose Exculpatory Evidence
Prosecutor’s Obligation to Disclose Exculpatory Evidence
The Brady case: the prosecutor must disclose exculpatory evidence
Arguing that the evidence is material
Demanding Brady material
Timing of Brady disclosures
Rules of Professional Conduct
A production order allows sanctions

Content: or might have a significant bearing on the admissibility of prosecution evidence” must be disclosed “regardless of whether the prosecutor believes such information will make the difference between conviction and acquittal . . .” The disclosure obligation extends to “information” regardless of whether it is admissible evidence. The information must be disclosed “reasonably promptly after it is discovered.” A production order allows sanctions
Your criminal defense attorney may ask the court to enter an order that the prosecutor produce all Brady material by a certain time. An order for pre-trial disclosure empowers the trial court to impose sterner sanctions than it can for tardy disclosure of Brady material where no order compelled its pre-trial disclosure. Sanctions may include continuances, preclusion of evidence, mistrials and new trials. A dismissal without prejudice is appropriate only in the case of willful prosecutorial misconduct and severe prejudice to the defense that cannot otherwise be remedied.