Legal Question in Criminal Law in North Carolina

Revealing evidence

I am questioning the fairness of our legal system. Isn't someone innocent until proven quilty? How can access to evidence in a federal trail not be revealed until the trail. Isn't a laywer supposed to have access to the evidence to be able to prepare for trail?

I have a friend invloved in an armed robbery of a bank. This person is innocent! PC hearing was waived. Grand Jury said it needed to go to trail. My friend was offered a plea bargain and said no (because this person didn't do it!). The feds refused to give up any evidence because there was no plea bargain. Why does the lawyer not have a chance to build a defense? Why is it legal to deny evidence to the attorney? Why is our system like this? HELP!


Asked on 8/18/99, 6:08 pm

1 Answer from Attorneys
Donald Gillespie Attorney at Law

Re: Revealing evidence

You ask many questions; some are far too broad to

address, others are expressions of frustration. First,

you say your friend is charged with a crime. You

probably cannot get information since the lawyer

will not speak to you about the matter.

The lawyer is entitled to discovery materials. The

availability of discovery is not connected with

entry of a plea. A grand jury would return a true

bill of indictment which would find probable cause

to bring the matter to trial. In federal sentencing

the process of negotiating a plea agreement is

very involved and includes a number of factors

which indicate the number of months of incarceration

Your friend does have the right to trial on the

merits. Sometimes when a case seems stalled the defense

attorney is stalling for a better deal and/or

knows he has a difficult set of facts.

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Answered on 8/20/99, 4:10 pm


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