${site.data.firmName}${SEMFirmNameAlt}
210-265-6290

Call Today for a FREE Consultation

The Law Office of Shawn C. Brown, PC
Call Today for a FREE Consultation 210-265-6290
Available after hours bail bonds
Menu Contact
View our Practice Areas

When a prosecutor must share exculpatory evidence

When an individual is charged with a crime in Texas, the prosecutor is obligated to share any exculpatory evidence uncovered during their investigation of the defense. Unfortunately, some prosecutors skirt this responsibility, which could lead to the conviction of an innocent person.

Exculpatory evidence is defined as something that may be favorable and material to the defense. It could be outright proof of innocence or simply be information that casts doubt on a portion of the prosecution's case. Prosecutors have been required to share such information since Brady v. Maryland in 1963. However, modern prosecutors still try to ignore this obligation by claiming they didn't know about such evidence or didn't realize the evidence was exculpatory.

Examples of prosecutors violating the Brady ruling could include hiding a photo that proves a defendant had shorter hair than the perpetrator at the time a crime was committed or failing to reveal an individual other than the defendant was present at a murder scene. Frequently, a prosecutor will excuse such behavior by claiming the information doesn't fit their theory of the case. However, withholding exculpatory evidence is unethical and unconstitutional. Currently, prosecutors face no personal penalties for failing to share exculpatory evidence, but some criminal defense attorneys are calling for courts to start keeping a record of Brady violations to shame prosecutors into doing their duty.

Individuals convicted of a felony may face severe consequences, including heavy fines and incarceration. However, a defendant may be able to avoid conviction by retaining a criminal defense attorney as soon as possible. An attorney could protect a defendant's rights during police questioning and throughout the legal process. Legal counsel could also search for evidence that casts doubt on the prosecution's version of events and build a strong defense based on the circumstances of the case.

Source: Above the Law, "Criminally Yours: Hiding The Evidence When It Doesn't Fit The Case," Toni Messina, Sept. 19, 2016

No Comments

Leave a comment
Comment Information

How Can We Help Defend You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Firm Location :

540 South St. Marys Street
San Antonio, TX 78205

Phone: 210-265-6290
Fax: 210-224-8214
Map & Directions

Firm Numbers :