Legal Question in Criminal Law in Texas

exculpatory question

how long does the prosecutor have to turn over exculpatory evidence to the defense? can they wait until right before trial or as soon as they get it?


Asked on 4/15/08, 8:10 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: exculpatory question

Hello there,

If your attorney has filed an exculpatory evidence "Brady" Motion, the State has to inform your attorney of this evidence as soon as they become aware of it.

Becoming aware of it can sometimes become a game with prosecutors.

Prosecutors are supposed to seek justice but that line can become very blurred when all they want is to convict you.

But, general discovery should be made available to the defendant at least ten days before trial per code of criminal procedure.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 4/15/08, 8:35 pm


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