If you’ve watched any TV crime drama, you know the value of strong evidence. Evidence in a criminal case can either prove that a defendant committed a crime or exonerate him. When your freedom is on the line, evidence is the determining factor that can keep an innocent person out of jail. If you are facing criminal charges, you want to know about exculpatory evidence and understand your rights when it comes to disclosing evidence that could exonerate you.
What is exculpatory evidence?
Evidence that supports a defendant’s guilt is known as inculpatory evidence. It is used to prove that an individual committed a crime. Examples of inculpatory evidence can include video footage of the defendant committing a robbery, an eyewitness statement or DNA testing.
Exculpatory evidence, on the other hand, supports a defendant’s innocence. It can include proof of an alibi, an eyewitness statement, video footage, audio recordings or any other physical evidence that shows doubt that the person in question committed the crime.
A skilled criminal defense attorney will work with you to unearth exculpatory evidence to present in trial. However, the prosecutor also has the responsibility to reveal any evidence that tends to prove that a defendant did not commit the offense in question.
Schedule your free consultation today. Contact Criminal Defense Lawyer Joni Eisenstein.
What is a Brady Violation?
In the 1963 case of Brady v. Maryland, the prosecution suppressed evidence that could have been used to show Brady’s innocence. John Brady was convicted of first-degree murder and sentenced to death. Throughout the trial, he asserted his innocence in the murder; however, he did admit involvement in the coinciding robbery. After the conviction, it was discovered that Brady’s accomplice had already confessed to the murder in a written statement that was never provided to Brady’s defense.
In the subsequent Supreme Court ruling, they found that the disclosure of the confession likely would have resulted in a different outcome for Brady, and therefore denied him of his due process of law and right to a fair trial.
A Brady violation occurs when the prosecution fails to turn over evidence that could prove innocence, reduce a sentence or otherwise cast doubt on the guilt of a defendant. If the court finds that there has been a Brady violation, there are several possibilities for your case. It may even result in an overturned sentence, a dismissal of the case or a mistrial.
How can a San Diego criminal defense attorney help you?
When it comes to evidence, an experienced criminal defense attorney is skilled at finding evidence that could exonerate their client. They will also know how to get Brady evidence from the prosecution by filing a Brady motion.
It is not uncommon for the prosecution to be less-than-willing to hand over Brady evidence. In fact, there are plenty of cases that occur today where certain evidence has been kept from the defense. A good defense attorney will work hard to get that evidence on your behalf. They will work tirelessly to unearth any evidence that could clear your name and secure your freedom.
Contact the Law Office of Joni Eisenstein
When you find yourself fighting criminal charges, you have a lot on the line. You want an attorney on your side who will work diligently on your behalf to find the evidence that will eliminate you as a suspect, clear your name and give you your freedom.
If you have been charged with a crime in San Diego, call the Law Office of Joni Eisenstein today. For over 25 years, she has been committed to uncovering the truth for her clients and providing them with the skilled defense that they deserve. Attorney Joni Eisenstein will do what it takes to get you favorable results in your San Diego criminal case.
To schedule a free consultation, call us today at 760-721-3161. You will speak directly with Joni Eisenstein to discuss the details of your case and explore the best possible defenses for your unique situation. When you need an attorney who cares about getting results for you, call Oceanside’s leading criminal lawyer today.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.