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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27447
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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PD and or their attorneys to have reviewed exculpatory

Customer Question

For a PD and or their attorneys to have reviewed exculpatory evidence. Withheld that exculpatory evidence. Claiming they had not reviewed the exculpatory evidence is a violation of what law.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Can you be more specific about what happened here?

Customer: replied 1 year ago.
A PD officer and PDs attorneys withheld exculpatory evidence from the DA's office.
Expert:  Zoey_ JD replied 1 year ago.

I am probably confused by your abbreviation. Around here a PD is a public defender. What are you referring to as a PD?

Customer: replied 1 year ago.
For a police officer and or their attorneys to have reviewed exculpatory evidence. Withheld that exculpatory evidence. Claiming they had not reviewed the exculpatory evidence is a violation of what law.
Expert:  Zoey_ JD replied 1 year ago.

Thank you. The state has an obligation to turn over any exculpatory evidence to the defense. That comes from the US Supreme Court decision of Brady v. Maryland.

If you requested exculpatory evidence from the DA that you knew the police had and they failed to make it available to you, that could get you a new trial upon appeal.