In criminal trials in the United States the government must disclose exculpatory evidence to the defense. The defendant has no corresponding duty: the defense need not disclose inculpatory evidence to the government.
Discovery
Defense attorneys may not always know the absolute truth when representing their clients in court, as their role is to advocate for their client's best interests within the legal system. They work with the information and evidence available to them to build a defense, but they are not required to disclose any information that may incriminate their client. Ultimately, their goal is to provide a strong defense and ensure a fair legal process for their client.
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.
As accurate as is possible. However, that does not stop defense attorneys from challenging such evidence as part of their defense strategy.
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.
Defense attorneys determine if their client is guilty by examining evidence, interviewing witnesses, and evaluating the prosecution's case. They also consider their client's account of the events and any potential legal defenses. Ultimately, defense attorneys aim to provide the best possible defense for their client, regardless of guilt or innocence.
Criminal defense and insurance defense.
Defense attorneys are ethically obligated to advocate for their clients within the bounds of the law and legal ethics. While they may present arguments and evidence in a way that is favorable to their clients, they are not permitted to knowingly present false information or lie in court.
The two main ways evidence would not be shown (admissible) in trial is 1. If the evidence is found to have been obtained by illegal means and the attorney (defense or prosecution) challenges its use in court. 2. The prosecution or defense intentionally or unintentionally fails to disclose articles of evidence during a criminal trial. Which by the way, is illegal.
Defendants
Brady v. Maryland (1963)
Shyla Stylez