The Brady list for the police is essentially a dossier maintained by prosecutors that contains information about law enforcement officers who have a history of dishonesty, misconduct, or other issues that could affect their credibility in court.
A Los Angeles DUI lawyer can request information from the Brady list during your case to find out if the arresting officer has engaged in misconduct or committed other questionable acts in the past.
What the Brady List for Police Is
Brady lists were established after the Supreme Court case Brady v. Maryland in 1963. This requires prosecutors to disclose any evidence that could be favorable to the defense (exculpatory evidence) in criminal prosecution.
There are several other names used to describe Brady lists. You may hear them referred to as “do not call” or “no call” lists, disclosure lists, and exclusionary lists. Different jurisdictions often use these terms to refer to the same concept: tracking officers whose credibility may be in question when testifying in criminal cases.
Brady lists do not only cover police officers; any police employee could end up on a Brady list, including:
- Peace officer (defined in California Penal Code § 830 California Penal Code § 830)
- Arresting officers
- Investigators
- Witnesses
Understanding what the Brady list is for peace officers can help you and your lawyer build a defense strategy centered around an arresting officer or another party’s lack of credibility.
Once your attorney has found out why the individual in question was put on a Brady list, they can use that information to your advantage and challenge the charges you’re facing.
Reasons for a Police Officer to End Up on a Brady List
Police officers may be put on a Brady list for a number of different reasons. Prosecutors are not required to follow a specific set of rules when deciding to place a police officer on a Brady list.
There are no due process rights that give officers the option to challenge or appeal the decision. This means a prosecutor can add an officer to the list without needing to meet clear standards or provide a way for the officer to defend themselves.
The following are just a few of the offenses that can land a member of the law enforcement community on such a list:
- Falsifying a report
- Tampering with evidence
- Fabricating evidence
- Lying while testifying in court
- Attempting to coerce witnesses
It is important to keep track of law enforcement officers who commit these acts, as they often continue to make arrests. Individuals who are accused of a crime by someone who is less than credible may end up facing false charges.
In some cases, information on Brady lists can be requested with a Brady motion. If an officer involved with your case is on a Brady list, your attorney can question their reputation and credibility, arguing that the accusation against you isn’t credible.
How the Brady List for Police Can Help Your Defense Case
Brady v. Maryland did not just result in the creation of Brady lists. It also gave defense lawyers the option to request a Brady hearing. These hearings are used if the defense believes that prosecutors are holding back evidence that shows the accused is innocent.
A Brady hearing is requested with a motion. These motions can be filed at any time during a criminal trial. They are usually filed during pre-trial hearings. A Brady motion can request any evidence withheld by the prosecution, including information about an officer’s history of misconduct.
For example, let’s say you were wrongfully charged with drug possession by a peace officer who is on the Brady list for planting evidence in past arrests. A Brady hearing could allow your lawyer to show the court that the officer has a history of planting drugs on innocent individuals, thus weakening the prosecution’s case.
Brady Hearings Can Provide Additional Information
Understanding what the Brady list is for police can come with a number of benefits that may help your case. In addition to learning about a law enforcement member’s credibility, a Brady hearing can also give you and your attorney the following forms of evidence:
- Video tapes or other recordings
- The results of fingerprint testing
- DNA test results
- Witness statements
These pieces of evidence can make the difference between a criminal conviction and a dismissed case. No matter how severe your charges are, you’ll want to investigate the Brady list and gather information to bolster your defense case.
Brady List Information and Your DUI Case
Brady lists are often important when dealing with DUI accusations in Los Angeles. Let’s say that you were stopped by a police officer and accused of a DUI. The police officer claims that you were driving in a dangerous way, but you maintain that you were driving safely.
Your lawyer can take steps to access the Brady list associated with the police officer. Perhaps they have a history of stopping drivers without probable cause. This could demonstrate a pattern of behavior related to inappropriate arrests.
Your DUI lawyer could use this information to build your defense and show that you were not operating a vehicle under the influence, and you were not driving in a dangerous way.
How a Los Angeles Lawyer Can Help You Win Your DUI Case
A Los Angeles DUI attorney can take a number of steps to build your DUI defense case and help you avoid a serious conviction.
Here’s what a dedicated attorney can do to win your DUI case:
- Investigate the incident for which you were arrested.
- Gather evidence such as video footage, witness testimony, police reports, blood alcohol content (BAC) test results, and more.
- Analyze evidence and mount a solid defense case.
- Use information from a Brady hearing to question the arresting officer’s credibility.
- Negotiate a plea bargain deal with prosecutors.
- Represent you in court.
- Make compelling legal arguments that sway the court in your favor.
- Fight relentlessly to get the results you deserve.
- Provide effective legal guidance throughout your entire DUI case.
Having a committed lawyer who can explain what the Brady list for police officers is and take the above-listed steps will give you an excellent chance of winning your case. That said, if you want to increase your chances of success, you’ll want to hire an attorney soon.
Getting an early start on your case will ensure that important evidence doesn’t go missing and that your lawyer can obtain all the information they need to build a winning DUI strategy.
A Lawyer Can Explain What the Brady List Is for Police
To get the most out of your prosecutor’s Brady list information, hire a skilled DUI defense lawyer. An experienced attorney can take the steps required to get a Brady hearing, allowing them to obtain information that could sway the court in your favor.
At Los Angeles DUI Lawyer, we have decades of experience connecting people facing charges like yours with skilled California DUI attorneys who understand how to build a strong defense. Our team is ready to help you take the first step. Contact us today to get started.
Fact Checked
