Duty to disclose evidence Defense – Brady v. Maryland doctrine

Michael B. Cohen, Esq. is a Criminal Defense Attorney with two conveniently located Fort Lauderdale offices and one office in West Palm Beach.

The Fort Lauderdale Office is located less than a mile from the I-95 Cypress Creek Rd. exit with the downtown office adjacent to the Broward County Courthouse. The West Palm Beach location is centrally located in the center of town off Okeechobee Blvd., just south of City Place and east of the Kravis Center. Mr. Cohen is known for skillfully defending all criminal State and Federal charges.

His hours of operation are 24/7 including all holidays, and his practice primarily serves Palm Beach, Broward, and Dade Counties as well as the neighboring vicinities in the Southeast Florida region.

This page of his Website is mainly an informational explanation of what’s known as the Brady Rule.

This pretrial discovery rule, that’s origination is described below assures defense counsel that the prosecution will disclose all materially exculpatory evidence that is in the possession of the government before a trial begins or a plea deal is negotiated.

This includes any evidence that may be held by the prosecution which may be favorable to the defendant, could reduce a defendant’s potential sentence, can determine the credibility of a witness for the prosecution and defense, as well as evidence that in finality may negate a defendant’s guilt.

If it is found that any evidence of this type is not made available to the defense team it will be suppressed from any proceedings going forward.

The legal technicalities of these evidence issues are listed below:
The District Court for the District of Columbia, in Washington DC, recently stated in USA v. Oluyinka Akinadewo and USA v. Olabimbe Olejiya in case number 11-150 (EGS), that the Government has a continuing obligation to produce all evidence required by law and the Federal Rules of Criminal Procedure, according to Brady v. Maryland, 373 U.S. 83 (1963), since due process requires disclosure of all evidence that is material to guilt or penalty by request; Example: Kyles v. Whitley, 514 U.S. 419, 437-38 (1995), holds that obligations to divulge evidence included evidence that is acknowledged solely to police agents and not the prosecutor and that the singular prosecuting attorney has a responsibility to find out about any advantageous evidence recognized by others that are or act on behalf of the Government, which includes the police.

If you, a member of your family or a close friend learns there is an investigation underway for any state or federal criminal charges or has been arrested for the same, contacting a Criminal Defense Attorney who has exceptional experience in criminal law and procedure is crucial. Click here to find out what your next step should be.

Michael B. Cohen, Esq. is a Fort Lauderdale Criminal Defense Lawyer who can provide the proper advice needed, and deliver a free case evaluation if any charges relating to any state or federal criminal charges are pursued by the State of Florida or filed by the government.

Mr. Cohen can be reached at all times of day and night and will reply promptly when his office is called including weekends and holidays. His main office is centrally located to all major cities in Southeast Florida.

All of Mr. Cohen’s qualifications and certifications can be found by clicking here including his previous work for the State Prosecutor’s Office, the government of the United States and his close to twenty years of defense for the citizens of South Florida since opening his law practice to the public.