Deputy DA Fails To Turn Over Evidence Favorable To Defense Which Leads To Child Molestation Charges Being Dropped
Do not let anyone tell you that Deputy District Attorneys always play by the rules. Some Deputy District Attorneys will stop at nothing to obtain a conviction. This includes refusing to turn over critical evidence to the defense.
A Deputy District Attorney’s Failure to Turn Over Evidence
Recently in the case of People vs. Guittierez, the accused was facing charges of molestation that had allegedly occurred in 2002. The defense attorney had requested all relevant discovery prior to the preliminary hearing. However, the prosecution failed to turn over critical “exculpatory” evidence that the alleged victim had made false allegations of molestation against other men on two prior occasions.
The preliminary hearing went forward and the defendant was ordered to stand trial. When the defense finally received the critical evidence mentioned above, they made a motion to dismiss the charges based upon the Deputy District Attorney’s failure to turn over this critical evidence. The trial court agreed with the defense and dismissed the case.
The District Attorney would not give up and appealed the decision. Luckily, the court of appeals upheld the dismissal and ruled that the prosecution must turn over to the defense all favorable evidence to the defense, upon request, prior to the preliminary hearing.
In the U.S. Supreme Court case Brady v. Maryland, the Court found that the prosecutor’s suppression of evidence favorable to the defendant who had requested it violated the defendant’s due process rights. Now, a prosecutor who commits a Brady violation (failing to turn over evidence favorable to the defendant) may have his or her case declared a mistrial or have the charges dismissed.
An experienced California Criminal Defense Attorney at Wallin & Klarich can defend you against such misconduct by the Deputy District Attorney. With over 30 years of experience, we can spot a Brady violation in your case and use that to get your charges dismissed.
The bottom line is that if you are facing criminal charges, you better retain a law firm that will stand up to the District Attorney and will make sure that your rights are protected. You never know when the prosecution or the police will fail to provide you with evidence that could lead to your charges being dropped.
California Criminal Lawyer
If you or a loved one has been charged with a crime, you need an experienced California criminal lawyer to represent you. The California criminal lawyers from Wallin & Klarich have over 30 years of experience successfully defending clients against prosecutorial and police misconduct. We are available to answer any questions you have and are willing to go the extra mile to fight for your freedom. We have the knowledge and experience to help assist you in your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us now at (888) 280-6839. We will be there when you call.