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While preparing the case against...
While preparing the case against an accused arson defendant, you discover a witness who provides an alibi for the defendant. Do you tell the defense attorney about your discovery? Would it make any difference if the defendant were involved in organized crime? What if the defendant were charged with murder and arson?
Submitted: 8 years ago.Category: Criminal Law
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Answered in 11 minutes by:
5/1/2009
Criminal Lawyer: P. Simmons, Lawyer replied 8 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,716
Experience: 16 yrs. of experience including criminal law.
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Thanks for the chance to assist

This would be covered under Brady v Maryland

More info here

http://en.wikipedia.org/wiki/Brady_v._Maryland

If the material is Brady material, the prosecutor risks overturn of the case if they do not disclose evidence that is material to the defense. An alibi witness would fit this description.


BotXXXXX XXXXXne; prosecution needs to discover this info


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.



P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,716
Experience: 16 yrs. of experience including criminal law.
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P. Simmons
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Category: Criminal Law
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