New court paperwork reveals that prosecutors have unlocked a great deal more information from Trayvon Martin’s cellphone, including satellite-tracking information that shows where it was in the days leading up to his shooting, making many wonder if it also lays out the teenager’s movements Feb. 26 — the day Trayvon was shot and killed by George Zimmerman. Zimmerman was originally arrested for his involvement in the shooting death of Trayvon Martin. Zimmerman allegedly killed Martin in self-defense, and as a result, is pleading the controversial defense of the stand your ground law, which will see some rocky roads ahead. The trial is currently set for June 10.
One who has been charged with committing a crime must plan a proper defense for trial. In order to ensure that this goal is accomplished, one must be aware of everything that might be used against one in the government’s possession. One has the legal right to have access to many types of evidence before trial.
Discovery is the procedure of exchanging information between the prosecutor and defendant, more likely defense counsel, in pre-trial criminal proceedings. Once the defendant is charged with a crime, the court sets the time for when a request for discovery can be made. The defendant can then make a motion for information. The State must then disclose the information requested by the defendant.
An experienced Jacksonville criminal defense attorney will know what to request and what evidence will be key to one’s proper defense. Key evidence may include alibi witness statements, DNA samples, co-defendant statements, and in some cases, drugs or paraphernalia essential to proving the crime. Failure to comply with a valid discovery request may lead to sanctions or exclusion of witnesses at trial. However, work product, which is material that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories, is exempt from discovery admission.
A police officer has the right to search open containers on one’s person. Sometimes, those accused of a crime may think that a cell phone does not fall under this category and thus may not be searched or the contents used to incriminate oneself. However, According to the 5th Circuit in Florida v. Ricardo Glasco, a cell phone will now be viewed in the same way as any other open container, as it is a case that may hold within it evidence of a crime. Remember, all evidence is important evidence.
The State Attorney has a continuing duty to disclose evidence after a request for disclosure has been made. It must promptly disclose additional evidence whenever it discovers it, even during trial.Many times, a motion to suppress evidence is the only thing that forces law enforcement to adhere to the Constitution, by making sure that if the search is not done correctly, the evidence will excluded, leaving the State with no case. If one obtains an experienced Jacksonville criminal defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source:O’Mara: State unlocked trove of info from Trayvon’s cellphone, Rene Stutzman, The Orlando Sun-Sentinel