Legal Question in Criminal Law in California

I have a question with regards to criminal trials.

In California, I've heard that the prosecutor's office is required by law to turnover whatever evidence they've collected against the defendant to the defendant's attorney(s).

My question is this.

Does this law only apply to evidence the prosecutor is planning to use in the trial? Or does it require ALL the evidence the prosecutors office has - regardless of whether it will be used at the trial?


Asked on 8/18/09, 9:06 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

California and federal law requires the police to provide all evidence that they have collected during the investigation. This includes both evidence that will be presented at trial and evidence that will not be presented. Evidence that is exculpatory must be provided to the defendant.

Documentation regarding the conduct of the investigating the case can in some circumstances be obtained through a motion per Evidence code section 1043, a Pitchess motion. An example would be in the case of a defendant being charged with resisting arrest or battery on a police officer. In those cases records of the use of excessive force could be obtained the assist the defendant prepare a defense. Pitchess motions are complex both in the preparation and service of the motion.

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Answered on 8/18/09, 9:40 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Johnson. You should note, though, that the government does not have to reveal the names of confidential informants as part of its disclosure obligations. It can be forced to do so under some circumstances, but only if the defendant wins a motion to compel such disclosure.

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Answered on 8/18/09, 11:54 pm


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