Legal Question in Criminal Law in California

In califrornia does a da have to turn over all evidence to your defense attorney.

And if you find out that you were prosecuted and found that the da withheld evidence, what ca be done and can anything be done to this da. Thanks


Asked on 9/23/10, 7:47 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The prosecution has to turn over all evidence favorable to the accused. Brady v. Maryland. Your remedies for a Brady violation include having the criminal case dismissed, and in some cases you could sue for a violation of your civil rights, although this is very difficult when the person violating your civil rights is a prosecutor.

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Answered on 9/28/10, 10:35 am


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