What are My Options If Prosecutors in Philadelphia Refuse to Turn Over Potentially Exculpatory Evidence?

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If you’re facing criminal charges in Philadelphia, the law guarantees you a fair trial. Therefore, making sure the court is aware of all the evidence you have in your favour is very important.

The government may already have the evidence you need to defend yourself in other cases. While looking for a criminal defense lawyer, it’s best to find one that has experience with cases like yours.

The Brady Rule

According to the Brady Rule, the government must hand up any evidence that could exonerate an accused person. This includes everything that could cast doubt on a witness’s testimony, exonerate the accused, or modify the prospective punishment.

A criminal defendant does not have to make a formal request for this evidence in order for the Brady Rule to kick in. Yet, they are free to make such a request if they so want. The goal of this regulation is to guarantee the accused a fair trial by requiring only relevant evidence to be given in court.

Brady violations and the various types of exculpatory evidence

Any evidence that could exonerate a defendant under the Brady rule must be made available to the defence. Here are a few cases in point:

1. Proof of Wrongdoing by Law Enforcement

Racial profiling, constitutional rights violations, or other misbehaviour by the police may have a significant impact on your criminal case. As a citizen, you deserve to know if police wrongdoing has been proven by prosecutors.

2. Clues that Point to Another Suspect

A solid piece of exculpatory evidence indicating someone else committed the crime in question is likely to be relevant to the prosecution’s case against you. A confession, testimonies from witnesses, film from surveillance cameras, or any number of other pieces of evidence could fall into this category.

3. Evidence That Disproves Your Guilt

Whenever possible, you should collect evidence if you are innocent but have been accused of a crime. One approach to do this is to get your hands on a copy of the police report and any other evidence that could exonerate you or provide reasonable doubt about your guilt.

It is possible to find holes in the prosecution’s case by carefully perusing the police report and other evidence.

4. Objects that Call Your Guilt into Question

Any tangible evidence that calls into question your guilt, in addition to written records, is almost certainly material and exculpatory.


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