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What else can I help you with?
What does the prosecutor have to disclose to the defendant in a criminal court case?
In the last year, the prosecutor became required to disclose a whole lot more than previously. Even more may be required in the September term of the United States Supreme Court. The Prosecutor is required to disclose all forensic evidence and all plea bargain deals. That last just became a requirement last spring. A case from Georgia is in the works now that will determine if that last case applies retroactively. If it does, a whole lot of inmates could be leaving prison.
Can a defense attorney hide evidence in a legal case?
No, a defense attorney cannot legally hide evidence in a legal case. They are required to disclose all relevant evidence to ensure a fair trial.
Does a prosecutor review misdemeanor charges?
Yes, a prosecutor reviews misdemeanor charges. It is the responsibility of the prosecutor to decide whether there is enough evidence to pursue a conviction and whether it is in the best interest of the public to proceed with a case.
Does a defense attorney have to disclose evidence to the prosecution?
Yes, a defense attorney is generally required to disclose evidence to the prosecution if it is relevant to the case and could potentially impact the outcome of the trial. This is known as the duty of disclosure and is a key aspect of ensuring a fair trial for all parties involved.
Can the prosecutor withhold a witnesses full statement from being heard at trial?
No. All evidence must be shared between the prosecutor and the defense lawyer through the process of discovery. A prosecutor cannot withhold evidence.
What is used to determine if there is enough evidence to take a case?
Criminal Case: In the view of the prosecutor all he needs is solid probable cause and, hopefully, good evidence and witnesses to present a case to court, The view of the defense - they are looking for possible flaws in the prosecutions case with an eye towards freeing their client.
What requires prosecutors to disclose any and all exculpatory evidence to the defense?
Discovery
In a grand jury proceeding does the prosecutor need to present all of the evidence the state has at this proceeding?
During a Grand Jury proceeding, the prosecutor isn't required to present all evidence in his possession. He needs to present enough to convince the jurors that there is enough evidence for an indictment.
Do you have the right to view police video of what you are being charged for?
In the United States, you have the right to view all the evidence against you, but not necessarily immediately at the time of your arrest. After you are charged, your attorney can file "discovery" motions which require the police to disclose all evidence they have on the case, including evidence for and against you. (standard disclaimer: I am not a lawyer and this is not legal advice.)
Can you be indicted if there is no evidence against you?
If there is not evidence to support the charges then it is unlikely the prosecutor would pursue the matter until the time such evidence is obtained. Questionable cases are usually heard by a grand jury to determine whether or not there are sufficient grounds to prosecute the individual(s). Grand juries review all the facts of a case and hear witnesse testimony. One should be aware of the distinction between a lack of physical evidence and a lack of ANY evidence. Circumstantial evidence may still exist which might be sufficient for a prosecutor to pursue a conviction.
What are all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.?
what are all the procedlural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge?
Can a District Court Prosecutor add a misdemeanor charge to a felony charge in Michigan just on hearsay and without any evidence? I always assumed that only a Circuit Court could add additional charges after all evidence has been presented to the court.
