Legal Question in Criminal Law in California
withholding of evidence
Is a District Attorney allowed to withhold evidence from a discovery package that would prove the innocence of the defendant and proceed to prosecute? For example DNA or Blood work.
4 Answers from Attorneys
Re: withholding of evidence
http://letmegooglethatforyou.com/?q=brady+error
Re: withholding of evidence
Absolutely not. There is an Ex-District Attorney in North Carolina who got disbarred for doing that. Remember the Duke University rape prosecution a few years ago?
Re: withholding of evidence
Prosecution has the absolute and categorical obligation to turn over exonerating evidence. Violation of this obligation, which is known as defendant's Brady rights, should result in dismissal of the case.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: withholding of evidence
Absolutely not. The prosecution is under a legal and ethical obligation to turn over all exculpatory evidence! A "Brady" violation could lead to the dismissal of your case. Or if convicted, a reversal on appeal.
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