If you have been arrested you are entitled to evidence favorable to your defense! You are entitled to any evidence that is favorable and material either to your guilt or punishment. A Brady violation occurs when the government fails to disclose evidence materially favorable to the accused. Such evidence is material if there is a reasonable possibility that had the evidence been disclosed to the defense, the result of the proceeding would have been different.
What Are Some Recent High Profile Cases Involving Brady Violations?
United State Senator Ted Stevens was convicted in October 2008 of violating federal ethics laws by failing to report thousands of dollars in gifts he received from friends. But a team of prosecutors from the U.S. Department of Justice were accused of failing to hand over key favorable evidence and knowingly presenting false evidence to the jury. After the jury convicted Stevens, previously unrevealed evidence was discovered. On April 7, 2029, a judge dismissed the seven-count conviction against the former Alaska senator, who died shortly thereafter.
Lt. Gen. Michael Flynn may have been set up and there is no evidence that he committed a crime. Documents show that the FBI worked behind the scenes to target former National Security Advisor Lt. Gen. Michael Flynn, and that the Department of Justice withheld large amounts of favorable evidence from his defense team, which revealed government misconduct. Some of the handwritten notes and emails reveal that the retired three-star general appeared to be set up for a perjury trap and that prosecutors violated a court order to produce any evidence in its possession that was favorable to Flynn and material either to his guilt or punishment.
On December 1, 2017, Flynn appeared in federal court and plead guilty to a felony count of “willfully and knowingly” making “false, fictitious and fraudulent statements” to the FBI. In August 2019, Flynn filed a motion to hold prosecutors in contempt for “malevolent conduct” and smears, which was rejected by the judge. In January 2020, Flynn filed a motion to withdraw his guilty plea. His sentencing has been indefinitely postponed.
Lawyers for actress Lori Loughlin and her husband say federal prosecutors are holding back crucial evidence that could prove the couple’s innocence in a college admissions scandal that has ensnared dozens of wealthy parents.
Loughlin and her husband are accused of paying $500,000 to get their two daughters into the University of Southern California as recruits to the crew team. The money was funneled through a sham charity operated by college admissions consultant William “Rick” Singer, who has pleaded guilty to orchestrating the scheme.
The Brady violation issue stems from notes that Rick Singer took on his phone. After admitting to being the mastermind of the scheme, Singer worked with the FBI and began recording phone calls. Singer’s notes suggest that investigators told him to lie to his clients about what their payments were getting them in an effort to show their awareness of a bribery conspiracy. “Loud and abrasive,” is how Singer has described the FBI investigators he was working with, who “continue to ask me to tell a fib.”
Loughlin and her co-defendants maintain their innocence. Their defense attorneys claim that their clients thought they were making legitimate donations to college programs, and that the government knowingly withheld knowledge of Singer’s notes, which were not turned over as evidence until February. The case is pending.
Why Contact a Criminal Defense Lawyer?
The law and rules are highly complex. It is important to act quickly and secure legal representation. An experienced defense attorney will increase your chances of getting the favorable evidence you are entitled to. A skilled defense attorney will be able to guide you through the complicated aspects of obtaining favorable evidence and get the best possible outcome.
If you have been charged with a crime, you may be facing a long prison sentence and significant fines. Not every attorney has the qualifications and experience to handle a criminal case. You need a qualified and experienced defense lawyer to fight for you.
Do You or Someone You Know Need Help with a Criminal Case?
If you or someone you know have been arrested you are probably overwhelmed and confused as to what to do next. It is critical that you get help from an experienced criminal defense attorney. Criminal cases are complex and require the help of someone with criminal defense experience. An experienced criminal defense attorney will be able to help you navigate through the system and get you the relief you deserve.
Why Fernandez & Hernandez?
If you or someone you know have been arrested in the Tampa Bay area and need help, Fernandez & Hernandez will provide a free consultation and help guide you through the process. The attorneys at Fernandez and Hernandez have criminal defense experience and will work vigorously to protect your rights, and in many cases, you may be able to avoid a long prison sentence. Attorneys Daniel J. Fernandez and Martin J. Hernandez are bilingual as well. If you or a loved one need help getting the outcome you deserve, call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353.