Prosecutors Ordered to Turn Over Exculpatory Evidence Prior to Preliminary Hearing in Felony Cases
District Attorneys all over California are upset that they will now have to turn over all relevant evidence to the defense attorney prior to the preliminary hearing in every felony case. This new change highlights the importance to contact an experienced California criminal lawyer to protect your legal rights
The Prosecutor Must Disclose Exculpatory Evidence
Under what is known as the Brady rule, the prosecutor must disclose all materially exculpatory evidence in his or her possession to the defense attorney. Materially exculpatory evidence means any evidence that could prove the defendant’s innocence. Even if the defense attorney does not request that the prosecutor disclose exculpatory evidence, the prosecutor must still turn over that evidence.
A recent California Court of Appeal decision made it clear that if the prosecution fails to turn over evidence to the defense attorney, then the felony case will be dismissed. (People vs. Gutierrez, A134695)
In that case, two counts of child molestation were dismissed against a defendant because the prosecutor did not turn over the required evidence prior to the preliminary hearing. The prosecutor had evidence that showed that the alleged victim had made two prior accusations of molestation against another person that were found to be untrue. The defense attorney discovered this evidence from a juvenile police report given to him after the preliminary hearing.
The defense attorney moved to dismiss the charges against the defendant because the prosecutor had violated the Brady rule and the court granted that motion. The court found that the prosecutor’s obligation under the Brady rule extends to the preliminary hearing stage of the criminal proceeding. Had the evidence been disclosed to the defense attorney prior to the preliminary hearing, there may have been a different outcome at the preliminary hearing.
At Wallin and Klarich, we always take the position that the prosecution must turn over all exculpatory evidence prior to the preliminary hearing. Now, the court has made it clear that the
District Attorneys have a legal duty to disclose evidence to the defense attorney in every felony case. Wallin & Klarich Senior Partner Paul Wallin was quoted as saying:
“If the prosecution refuses to do what the law requires, we will be making motions to dismiss on your behalf and the court will grant those motions. Our clients may win their entire case because of the DA’s refusal to follow the law.”
California Criminal Lawyer
If you are accused of committing a crime, you need a skilled and experienced criminal lawyer to help you defend your legal rights. At Wallin & Klarich, we have over 40 years of experience successfully helping our clients defend their legal rights through every step of the criminal process. We can make a motion to dismiss your case the moment we find that the prosecutor has overstepped his or her legal duty to disclose exculpatory evidence. You cannot afford to fight your case alone. Your Wallin & Klarich attorney will work hard to fight for your freedom.
Our offices are conveniently located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Victorville, Ventura, West Covina, Sherman Oaks, and Torrance. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
