Legal Question in Criminal Law in Florida

Brady rights

I've been charged with conspiracy to traffic cocaine, Consp. to traff MDMA, Consp. possession of marj. w/intent to sell, & Consp. possession of controlled substance w/intent to sell.

My codefendant had arrange a single sale of the drugs to an undercover officer, I merely gave him a ride to drop him off at a Restuarant. He didn't see the buyers, so he got back in my vehicle and we left. I was stopped about 5 blocks away, ordered out of my vehicle, lay down, cuffed, moved away from vehicle and then patted down. Same for my passenger. I had nothing on me and never had any involment with anyone in the drug deal. They found all the drugs on the passenger possession(pockets).

The codendant took a plea, made a statement and now is a state witness. His first attempt taking plea in open court after a plea of guilty stated''I had nothing to do with the deal and is legit bussiness man''. The judge went crazy and said no plea, see in trial, and going to sentence to the max. About 2 weeks later him, the prosc., and his attorney met in court, went to priv. room, they took a new statement and he got his plea. The statement nows says i knew about it and was receiving benefits form it. Is this a Brady right violation?


Asked on 6/17/08, 2:55 am

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Brady rights

A Brady violation is when they don't disclose the statement to you. So no, I see no violation.

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Answered on 6/17/08, 10:25 am


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