Prosecutor’s Obligations

In a criminal case, the assistant state attorney has discovery obligations. Part of the obligation is to provide the Jacksonville criminal attorney with every piece of evidence in the case, especially evidence that could exculpate the defendant. That includes all paperwork, witnesses, and physical evidence.

If the assistant state attorney neglects to give over this evidence, there can be a “Brady” violation. “Brady” is the name of a case in which the Florida Supreme Court set out a test to establish whether or not to impose sanctions on the prosecution. The defendant has the burden to show that favorable evidence was willfully or inadvertently suppressed by the State Attorney and because the evidence was material, the defendant was prejudiced. The judge can then take actions such as continuing an upcoming trial or exclude the evidence all together.

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