JUDGE GRANTS DEFENDANT NEW TRIAL WHEN PROSECUTION VIOLATES DEFENDANTS RIGHT BY FAILING TO TURN OVER DISCOVERY

By: Wallin & Klarich

When you are accused of a crime the prosecution must turn over discovery to your California criminal defense lawyer so that he can assist you to prepare your defense. In a recent federal criminal prosecution the defendants conviction was reversed when a federal judge found that the prosecution had “persistently and recklessly violated its constitutional responsibilities to discovery and disclose crucial information” to the defense.

The court was extremely upset with the prosecution for failing to turn over critical information about the paid government informant who testified as a witness against the defendant at the trial. The court stated that the constitution imposes a clear burden on the prosecution to provide vital discovery to the accused without the court having to order them to do so.

In this case the defendant was granted a new trial and hopefully when his lawyers are provided the discovery they are entitled to he will not be found guilty at a new trial.

The bottom line is you must have a criminal defense law firm fighting for you on your case that is willing to jump all over the prosecution when they refuse to give you critical discovery to allow you to properly prepare your defense. At Wallin & Klarich we will fight for you to make sure you get every legal benefit our laws provide so we can do all we can to help you win your case. Call us 24/7 and we will be there when you call.

Posted In: Criminal Appeals