Full question:
Where can I get information about the Brady Law and if your company has the so-called “Brady Motion”?
- Category: Criminal
- Date:
- State: Florida
Answer:
The Brady Law requires the prosecution to share any evidence that may be favorable to the defendant and relevant to guilt or punishment. This includes exculpatory evidence (which can prove innocence) and evidence that could be used to challenge the credibility of witnesses. The materiality of this evidence is judged by whether its disclosure could have changed the outcome of the trial (Brady v. Maryland, 373 U.S. 83, 87 (1963)).
The prosecution must disclose this evidence even if the defense does not request it, regardless of the prosecution's intent or negligence. If the prosecution fails to disclose favorable evidence, it can lead to a claim of misconduct if three elements are met: (1) the evidence must be favorable to the accused, (2) the evidence must have been suppressed by the state, and (3) the defendant must show that this suppression caused prejudice.
We do not have a Brady Motion in our database.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.