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What U.S supreme court case forces the prosecution to disclose any evidence that the defense request?
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoUnited States v. Bagley
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What happens if someone requests evidence in court but the prosecutors fail to present it?
You cannot "request evidence." If the prosecution does not introduce it at trial then there is nothing for the defense to request. If the defense has its own evidence they may introduce that. During the 'discovery' phase of the trial both sides will have, should have, listed all the evidence they intended to introduce. However, the failure of one side or the other to actually introduce it does not open the door for the opposition to demand that it be introduced.
Can an opposing attorney be a witness?
Yes, they can. Typically a defense attorney will subpoena the witness, but the attorney may request that the court order the witness to remain in the court after testifying for the state. This assumes there is evidence the witness has to offer that cannot be brought out on cross examination of them for some reason. The better practice is to issue a subpoena.
How far do you think the law on the admissibility of confession evidence and evidence obtained by entrapment strikes a fair balance between the rights of the suspect and the needs of the prosecution?
THIS IS AN INAPPROPRIATE PREMISE FOR THIS VENUE. This is a springboard for discussion and debate and not a request for a specific and definitive answer.
How long can a defendants attorney postpone a trial once charged?
Only as long as the Constitutional safeguard of "Speedy Trial" allows. While either the prosecution or the defense MAY request a waiver of "speedy," the other side MUST agree to it, usually set at 90 days. If the defense attempts to stall, eventually the prosecutor OR the court (in an effort to clear its docket) will apply pressure to the defense to plead their client, or go to trial.
Can you Press Assault charges after 48 hrs?
Individual citizens do not "press" or "drop" charges. Only the prosecuting attorney makes the decision about whether criminal charges will be pursued. You may contact the police at any time to report a crime, and therefore request criminal prosecution. There is no expiration of your ability to make the report. The quicker the crime is reported, the more likely police will have to gather evidence for a successful prosecution.
How long can someone charged with murder in the state of Pennsylvania be held before trial starts?
Speedy trial regulations usually require that the trial begin within 90 days of the arraignment. HOWEVER- it is not uncommon for either the defense and/or the prosecution to request, and receive, a "waiver of speedy trial" in order to prepare their case.
Do you have the right to request to see evidence against you?
In the U.S., prior to your trial, prosecutors are required to disclose all evidence that they may bring against you in court, as well as all evidence that might support a verdict of Not Guilty. Failure to do either is a serious breach of law and ethics, and would inevitably result in a reversal of any conviction. After an arrest, however, prosecutors are only required to state the nature of the charge against you -- the evidence for or against you is only required to be given in a "timely" manner prior to your trial.
What evidence does the judge request before sentencing a person?
The judge does not request any "evidence." What they request is the background and criminal history (if any) of the defendant appearing before them for sentencing so that they may make an appropriate judgment on the harshness or leniency of the sentence they will impose.
When local authorities are overwhelmed by a major incident what program can they use to request federal assistance?
defense of civilians
What kind of request is it for evidence that mail was received by an addressee?
A certification is a request for evidence that mail was received by an addressee. Mail that is sent certified has to be signed for before the addressee can actually receive the piece of mail.
What is the process to have evidence suppressed in the courtroom?
You can file a written motion for an evidence suppression hearing. You can also orally object or request a sidebar (request to approach the judge) to the use of evidence if you have solid proof that it was obtained illegally or would be generally inadmissible in a trial.
Contact our lawyers for successful defense against a DUI?
Many officers count on being able to intimidate you into saying something incriminating, especially when they lack strong evidence. Fortunately, our criminal defense attorney can be reached 24/7 through call or text. This is just one of the many ways our defense lawyer looks out for you. To request a consultation with our Grand Rapids defense attorney, call or text Jerry Lykins Law at (616) 540-0443.
