Want to learn more about a Brady motion in Los Angeles? You can check out this article. We focus on the uses of a Brady motion and the kind of information that is required to be turned over under a Brady motion. This evidence is favorable to the defendant and must be handed over by the prosecution.
Dig deeper into information about Brady motions in California with this article. Focus on when this motion can be requested and the kind of information it focuses on.
Basic Information About a Brady Motion in California
Brady motions are used by the defense in California. These motions are specifically used to request “exculpatory” evidence. The court defines exculpatory evidence as information that favors the individual accused of a criminal act.
Brady motions request this kind of evidence from the prosecution. Legally, the prosecution is required to turn over this evidence. However, sometimes the prosecution withholds this evidence.
A criminal defense lawyer in Los Angeles can file a Brady motion at any time during a criminal trial. However, this motion is often made during the pretrial portion of a case. The prosecution may withhold evidence at any point during a trial.
The History of the Brady Motion in the Legal System
Brady motions were not always available to individuals charged with a crime in the United States. This motion got its name from a case heard by the Supreme Court: Brady v. Maryland. This case made it clear that prosecutors have a duty under the Constitution to turn over certain evidence.
Prosecutors are legally obligated to hand over evidence that shows a defendant is not-guilty of a criminal charge. Due to the nature of a Brady motion, it can be filed at any time during a criminal trial. We mentioned that many Brady motions are made during pre-trial hearings. However, they are also made:
- Right before your trial begins
- Following the opening statement of the prosecution
- Following questioning of witnesses
- After the prosecution presents their closing statement
- Before sentencing begins
Sometimes, Brady motions are used in cases for driving under the influence (DUI). A DUI lawyer in Los Angeles can help you file a Brady motion. Discuss the best time to make this motion by contacting a member of our team. Just call (310) 862-0199.
Requirements to Turn Over Evidence Through a Brady Motion
Not all forms of evidence are subject to release through a Brady motion. Generally, the prosecution must reveal evidence if it could show that you are not guilty of the charges you are facing. There are many kinds of evidence that could speak to your innocence. This includes:
- Statements from witnesses
- Recordings or video tapes
- DNA test results or fingerprints
Note that Brady motions typically lead to a hearing. This hearing does not include a large crowd, in most situations. Instead, it usually involves only the judge, defense lawyer, and prosecutor involved in the case. Your lawyer would work to show that the prosecution has withheld evidence during this hearing.
Results of a Brady Hearing in Los Angeles
The judge presiding over your case decides how to resolve a Brady hearing. The judge may decide that the prosecution did not share all evidence properly. In this situation, what will happen? There are a number of possible outcomes for a Brady hearing. The judge may:
- Declare a mistrial for your case
- Dismiss the charges you are facing
- Reverse your conviction
The prosecutor can also end up facing criminal charges for misconduct, in some cases. However, a Brady hearing does not have to end in your favor. In some cases, a judge may decide that the prosecution acted within their legal duties. In this situation, your case can proceed.
Other Motions Associated with Criminal Charges
A Brady motion is only one tool used by defense lawyers in Los Angeles. A lawyer can also request a Pitchess motion in some cases. These motions are used to gather information about the police officer who made an arrest in a criminal case.
Additionally, some lawyers can file motions to block evidence. Lawyers can even move to have your charges dismissed in some cases. Contact us to learn more.
Find Out What is Required for a Brady Hearing with a Lawyer
What evidence are prosecutors required to turn over through a Brady motion? The prosecution must hand over any evidence that proves the accused is not guilty. You can learn more about Brady motions with a DUI lawyer in Los Angeles. Get information by calling (310) 862-0199. You can also complete our online contact form.
Begin discussing legal motions after a DUI arrest with a free consultation.