What Is a Brady Violation in a Florida Criminal Case?

Those facing charges in Florida have the right to a fair trial. However, this right is endangered when the prosecutor has access to information that can aid the defense but does not share it. At times, the failure to share this information may amount to what is called a Brady violation.

Brady violations occur in a criminal case before, during, and after trial, even after a conviction. In cases where vital information has been withheld by the prosecutor, the defendant can claim that there is a Brady violation.

What is a Brady violation?

The phrase is borrowed from the U.S. Supreme Court’s ruling in Brady v. Maryland in 1963. In that decision, the court ruled that suppression of evidence that is material to guilt or punishment of the accused violates due process rights.

It is worth noting that the rule does not apply only to the suppression of evidence that proves the innocence of the accused; the rule applies to all evidence that is relevant to undermining the prosecution’s evidence and the credibility of any prosecution witnesses.

What types of evidence could be involved?

A Brady violation can come in many forms based on the allegations and evidence produced in the case. For instance, the prosecution may have information suggesting that one of its witnesses provided a much different version of events. There may be evidence that shows a witness of the government has been treated well or has some other motive to collaborate with the prosecution. In other cases, physical evidence, reports, or any other evidence that may lead to another suspect can come into play as well.

Evidence that can discredit a witness is generally known as impeachment evidence. The disclosure requirement of the government can include such information as well.

Does the prosecutor have to intentionally hide evidence?

No, not necessarily. Brady violations do not entirely rely on whether the particular prosecutor intentionally withheld information from the defense.

There are instances in which the prosecution team can be responsible for favorable information even if the prosecutor himself was unaware of it. This is because the prosecutor is liable for information available to other individuals working on behalf of the government.

Nevertheless, the presence of such information in itself does not always require overturning the verdict. There is the issue of materiality that must be considered.

What happens if a Brady violation is discovered?

A determination will depend on when the violation is discovered and its effect on the particular case.

If favorable evidence comes to light before or during trial, then the defendant’s lawyer might petition the court for a proper remedy. If it comes out after the conviction, it may serve as grounds for an appeal.

The courts usually determine whether the information withheld was material. In other words, there is a reasonable probability of a different outcome if it had been disclosed.

Talk to a Tallahassee, FL, Criminal Attorney Today 

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing serious charges. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin discussing your case right away.