Legal Question in Criminal Law in New York
What could happen?
What could happen to someone in jail for a crime
they didn't commit? What does it mean when the
peopleare aware of their continuing obligation as
per brady vs maryland?Also why aren't their any
material's existing at this time?If someone is
jailed for a crime they did't commit.When they are
finally found innocent and released.Do they have
the right to sue the state of new york?
1 Answer from Attorneys
Re: What could happen?
Was the person found guilty or is he awaiting trial?
Brady is a case where the Courts ruled that the State must give the defendant all exculpating evidence. (meaning evidence that shows he is not guilty, if any exisits).
If someone is found not guilty & the State had every reason to know that he would be found not guilty, their obligation is to dismiss the charges as soon as possible. If that is not done than one can sue for money damages.
If you have any other questions, you can call me at 201-646-9600.
Savy Grant
Attorney at Law
www.njcrime.com
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