The process of discovery in court is where the government present its evidence to the defense, and vice versa.
Yes, a prosecutor can subpoena a phone as evidence in a criminal case.
Amended discovery means additional discovery or amended discovery that the district attorney, generally, provides. Brady material refers to any evidence tending to show that the defendant is not guilty.
Then that evidence can not be introduced in to court. They can not say "Well, we had evidence...".
Forensic Dentistry.
"Discovery" is conducted in the pre-trial phase of the court case.
"Discovery" is the legal word used to describe the procedure for finding out the other party's evidence. The "discovery" process is applicable in ALL criminal cases.
Not to the original case - THAT case is over and done with. However, you may file a motion to RE-OPEN the case, or you can file an appeal to the case based on the discovery of new evidence.
The "information" of a criminal case refers to the investigation, evidence, and other material on which the prosecution is basing its prosecution. "Amended" information consists of additional facts, usually disclosed by further investigation or discovery, and added to the original case.
No, double jeopardy does not apply if new evidence is found in a criminal case. Double jeopardy protects individuals from being tried for the same crime twice based on the same evidence, but new evidence can lead to a new trial.
Yes, DNA evidence can be used to prove possession in a criminal case by linking a suspect to the item in question through their genetic material found at the crime scene.
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
Several factors can contribute to making a criminal case weak, including lack of credible evidence, unreliable witnesses, procedural errors, insufficient legal arguments, and inconsistencies in the prosecution's case. Additionally, issues such as lack of motive, alibi evidence, and reasonable doubt can also weaken a criminal case.