Brady motions and Brady violations can play a significant role in handling charges for driving under the influence (DUI) in California. A Brady violation occurs if the police, the prosecutor, or both withhold information from the defense.
A Brady motion allows the defense to request information possessed by the prosecution or members of law enforcement. A judge can decide the evidence requested matters to the case and order the prosecution to turn it over.
If that information could have helped you build your defense or win your case, a lawyer could file a motion to get the judge to dismiss the charges against you. If so, you effectively win your DUI case. You can learn more about this type of violation and legal motion from a Los Angeles DUI lawyer or check out our California DUI Legal Glossary.
What Is a Brady Motion?
A Brady motion is an official request from a criminal defense lawyer to ask the court to force the prosecution to hand over favorable evidence that could help the defendant’s case.
The prosecution should provide all evidence favorable to the defense before the trial, but, unfortunately, sometimes lawyers engage in prosecutorial misconduct and try to withhold exculpatory evidence.
A criminal defense attorney may file this type of motion to ensure their client gets a fair trial by asking the court to ensure that the prosecution shares all relevant evidence. If the court finds that the prosecution withheld evidence, it could result in the dismissal of charges.
History of the Brady Motion
The Brady motion is named after a famous court case (Brady v. Maryland) where the prosecution charged two men with murder for a death that happened during a robbery. One of the men gave police a written statement that it was only he, acting alone, who had committed the murder.
The prosecution knew about this statement, but the defense did not, and as a result, it never came up at trial. As a result, a jury convicted John Leo Brady of a murder he did not commit at his criminal trial. (Eventually, the Supreme Court heard the case and shortened Brady’s sentence so that he only served time for robbery, not murder.)
What Is a Brady Violation?
Any time the prosecution withholds information, it is known as a Brady violation—a violation of your rights as the defendant. And, if you or your lawyer discover this information, you can file a Brady motion with the judge.
Your Constitutional rights include the right to a fair trial. You can only have a fair trial if your criminal defense lawyer has access to all material evidence that applies to your case. Therefore, Brady violations can have serious impacts on the legal process.
You can learn more about Brady motions and Brady violations with a legal professional.
Information the Prosecution Has to Share
The prosecution has to share all evidence (including favorable evidence) with the defense. This evidence may include:
- Specific documents or pieces of evidence that you know about
- All the evidence that the prosecutor plans to use, whether you know about it or not
- Broader, general types of evidence, such as “all statements made by witnesses”
More simply, the prosecution may need to share:
- DNA evidence
- Other physical evidence
- Witness statements
If the prosecution leaves out any exculpatory evidence, it’s a violation. These legal professionals have a Constitutional duty to openly share information. If your lawyer suspects there’s a reasonable probability that the prosecution withheld evidence, they may file a Brady motion to improve your chances of getting a fair trial.
When Does the Prosecution Have to Share Evidence?
Every DUI case goes through a stage known as discovery. It’s during discovery that the prosecution must share all of its evidence with the defense counsel, so the defense has a chance to prepare for the trial.
This preparation will usually start with a discovery motion, which is your lawyer’s formal request for any evidence possessed by the district attorney.
However, your attorney can file a Brady motion at any point during criminal proceedings. For example, your lawyer may only file this motion after your trial starts, upon noticing inconsistent statements made by the prosecution.
What Happens After a Successful Brady Motion?
A successful Brady motion can have major effects on the criminal proceedings associated with a DUI charge. If a judge finds that the prosecution withheld evidence relating to your criminal charges, the court may:
- Overturn or reverse a conviction
- Issue a dismissal of charges
- Declare a mistrial
In some cases, this motion could even result in the prosecuting attorney facing charges for prosecutorial misconduct. Sometimes, a defendant can sue the prosecution on the basis of malicious prosecution.
An attorney can provide more information about the possible results of this type of motion when handling your claim.
Learn More About Brady Motions and Violations
Do you have more questions about Brady motions and Brady violations? A professional DUI defense attorney can provide you with more information about this aspect of the criminal justice system.
Our team can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Take charge of your future by reaching out to us 24/7 for help.
