You Need An Experienced Criminal Defense Lawyer Fighting For You When The Prosecutor Refuses To Comply With Your Legal Right To Obtain Critical Evidence In Your Favor

Picture this scenario—you’re standing in court, facing serious accusations, and you discover that crucial evidence has been withheld by the prosecution. This could mean that the game might already be rigged against you. This alarming issue of the prosecution failing to disclose evidence is not just a legal technicality; it directly impacts your right to a fair trial. In this blog post, we’ll explore the gravity of this problem and its possible effect on persons facing serious criminal charges.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our appeals attorneys near you.

Understanding the Prosecutors Disclosure Obligations

Legal Requirements for Prosecutors

In the justice system, prosecutors are legally obligated to disclose all evidence to the defense, including evidence that might exonerate the accused. This principle, enshrined in law, ensures that both sides have access to the same information, fostering a fair trial. The requirement encompasses various types of evidence, such as witness statements, physical evidence, and forensic reports. The goal is to prevent any surprises during the trial and allow the defense to adequately prepare its case.

Importance of Full Disclosure

Full disclosure is vital for justice to be served. It allows the defense team to scrutinize the evidence, challenge the prosecution’s case, and present alternative narratives. Without access to all the relevant information, the defense is handicapped, and the trial’s outcome may be unjust. Therefore, adherence to disclosure obligations is not just a legal formality but a fundamental aspect of a fair judicial process.

The Impact on Accused Individuals

Right to a Fair Trial

When prosecutors fail to disclose evidence, the accused’s right to a fair trial can be severely compromised. This lack of transparency creates an uneven playing field, where the defense is forced to operate without crucial information. The right to a fair trial is a cornerstone of justice, and any infringement on this right can lead to devastating consequences for the accused.

Case Analysis: In re Hill

In 1987, Michael Hill was found guilty of two murders and sentenced to death. During his trial, a witness named Michael McCray chose not to testify against Hill. However, McCray made statements to the police stating that Hill was responsible for the murders, and the prosecutor used his statements as evidence at Hill’s trial. Hill always maintained that McCray was the one responsible for those two murders.

After the verdict, the court, on the prosecutor’s suggestion, distributed $4,400 in reward money to various prosecution witnesses. In 2007, it was revealed that there was an undisclosed letter promising McCray that he wouldn’t be charged for anything mentioned during his testimony in Hill’s trial. Additionally, undisclosed evidence that could have discredited other witnesses was found to have been in the possession of the prosecution and was not turned over to the defense.

In 2021, Hill filed a habeas petition claiming this undisclosed evidence was crucial to his defense. He argued that he could have used this evidence to impeach the credibility of the prosecutor’s witnesses. He further argued that the prosecutor’s failure to disclose this vital evidence violated legal discovery disclosure rules.  The court, however, decided that the existing evidence against Hill was so strong that this undisclosed letter wouldn’t have changed the outcome, and hence, Hill’s petition was denied, leading him to appeal.

The appeals court reversed the lower court’s decision and sent the case back to the lower court. To establish a discovery violation, three things must be proven: 

(1) The evidence in question must benefit the defendant, either by proving innocence or challenging the credibility of the case against them;

(2) The prosecution must have failed to share this evidence, whether intentionally or mistakenly; and

(3) This must have caused harm to the defendant. The harm analysis looks at how important the evidence is to determine guilt or innocence, requiring the defendant to demonstrate a reasonable chance that the outcome would have been different had the prosecution played by the rules.

In Hill’s case, hiding the letter and the evidence revealing the bias and self-interest of prosecution witnesses significantly altered the case dynamics. Therefore, Hill successfully demonstrated the evidence’s significance, and his request for a new trial should have been allowed to move forward.

The Role of Defense Attorneys

Challenges in Obtaining Evidence

Defense attorneys face significant challenges in ensuring they receive full disclosure. Often, they must rely on the prosecution to provide all relevant evidence, which can be a daunting task when the prosecution is less than forthcoming. This lack of cooperation hinders the defense’s ability to build a strong case and protect their client’s rights.

Strategies for Ensuring Full Disclosure

To overcome these challenges, defense attorneys employ various strategies. They may file motions to compel disclosure, request court orders, and use discovery procedures to obtain evidence. Additionally, they often conduct independent investigations and employ expert witnesses to analyze the evidence. 

Importance of Vigilance and Advocacy

Defense attorneys must remain vigilant and advocate relentlessly for their clients. By challenging non-disclosure and holding the prosecution accountable, they help ensure that the legal system operates fairly. This vigilance is crucial for protecting the rights of the accused and maintaining the integrity of the judicial process.

Contact Wallin & Klarich Today  

If you are concerned that the prosecution is not playing by the rules in your criminal case, you need to contact Wallin and Klarich to protect your legal rights. Our law firm has over 40 years of experience fighting for our clients’ freedom. Our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

At Wallin & Klarich, we have offices all over Southern California: Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle many types of cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.