Posted on: August 6, 2008 at 9:11 p.m.
The failure to disclose evidence by a criminal prosecutor is a defense attorney's fear. Is a prosecutor willing to win at any cost, so that he or she will hide or fail disclose evidence favorable to a criminal defense attorney? While in practice in Los Angeles courts this phenomenon is rare, a recent criminal law case addressed what happens when evidence is withheld from the defense.
Los Angeles criminal defense lawyers have many tools to prevent a prosecutor from hiding the ball, including filing informal and formal discovery motions pursuant to Penal Code Section 1054.
Specifically the California Court of Appeal ruled a videotape of the medical examination of the alleged victim of a sexual assault, in the possession of a medical professional who works with police and prosecutors, should have been turned over to defense lawyers as potentially exculpatory evidence. The justices said the tape might have been helpful to attorneys for Agustin S. Uribe because it supported a defense expert
motion to dismiss unlawful police search,
sex crime accusations
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