Legal Question in Criminal Law in Kentucky

criminal law

when you recieve your motion of discovery is the prosicuter allowed to release suprise evidence after you have recieved your motion


Asked on 1/05/07, 8:49 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: criminal law

If you are the defendant,you should ask your attorney. Some evidence is a surprise and some is not. The trial lawyer is in the best position to judge what problems this causes and what his client stands to gain on an objection to it. Sometimes it is not to the defendants advantage to object -sometimes it is. Generally, any evidence that is not disclosed prior to trial is subject to suppression, that is the Court, on motion from the Defendant (his lawyer)reviews the situation and determines whether or not the prosecution can use it or whether or not the rules have been violated to the extent that the Defendant would be deprived of a fair trial if admitted.

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Answered on 1/05/07, 9:47 am


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