Legal Question in Personal Injury in Minnesota
If a prosecuting attorney is shown evidence that would show that evidence was presented falsely, in order for him to prosecute a person, does he have an obligation to take action regarding the new evidence which shows that he is prosecuting an innocent person?
Asked on 1/28/11, 1:05 pm
1 Answer from Attorneys
Depending on the evidence the prosecuting attorney is most likely under a duty to disclose this new information to the defense attorney and defendant. The defense can then use the information in defending the defendant. I am guessing the prosecutor does not share your view that this new evidence proves that the defendant is innocent. If she did she would dismiss the case.
Answered on 2/08/11, 2:08 pm
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