Apr 01
When a prosecutor tells a judge “this will get resolved b4 trial” is this good in the defendants favor?
When a prosecutor tells a judge “this will get resolved b4 trial” is this good in the defendants favor?
My lawyer brought up the term “Brady Material”. When he did this the prosecutor acted as if he was on his side. Now this is a case where there originally was a co-defendant whose mother worked for the clerk of courts. His sister also is a county sheriff. When it came time for indictments the grand jury sent him back to lower court and charged me for a felony. The last six months I have spent in worry of losing my family and going to prison for something that was totally not my fault. Last Monday was supposed to be the final day for plea agreement however, when my lawyer presented some information to the prosecutor from preliminary hearing the prosecutor quickly changed his tone. You see in the prelims the “victim” testified the other guy hit him. And then stated we both beat him. The police report states the victim was uncooperative and told them he fell. Well when charges were filed the co-defendant quickly went with his father to people that werent even there to get them to side with him and against me. What he didn’t know is that the only other guy to see it is on my side. I was smart enough to have the co defendant type and sign a statement the next day of the incident to cover my **** in case this happened.
Since prelims the “victim” has also changed his story to match the co-defendants witnesses stories. Because everything is documented will he be liable for perjury? Also if they do an investigation and determine the codefendant recruited witnesses what will then happen?
Will I be okay?
Steven F no need to be a ****!!! I am obviously not looking for the perfect answer just opinions. If I were looking for solid legal advice I don’t think I would be on here doing so. A person would have to be a moron to think that.
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3 Responses to “When a prosecutor tells a judge “this will get resolved b4 trial” is this good in the defendants favor?”
My lawyer brought up
ASK YOUR LAWYER. The obviously know more about the details than you posted hear. The SHOULD know more that you CAN post here. We can’t possibly give as informed an answer as they can.
If your lawyer isn’t explaining all of this to you clearly you need to fire him and get a better lawyer. if you have the public pretender handling your case you have the option in some states to request the judge appoint a private attorney to represent you and in certain circumstances they have to do it. I have no opinion being I’m in no way involved in the case. Sorry..
From Wikipedia Brady material is:
Brady material consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland,[1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant. Evidence that would serve to reduce the defendant’s sentence must also be disclosed by the prosecution.
* The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness’s testimony.[2]
* The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony.[3]
* The prosecutor must disclose exculpatory evidence known only to the police. This imposes a duty on the prosecutor to review the police’s investigatory files and disclose anything that tends to prove the innocence of the defendant.[4]
* The prosecutor must disclose arrest photographs of the defendant when those photos do not match the victim’s description.
So if you were involved you are in trouble and don’t have a whole lot to help you. If you’re looking at prison time you need to find this out NOW! Don’t let your lawyer **** around and wait till you’re fried.
Get proactive in your own defense in this matter.
Do some digging to find free legal representation and get on the stick with it ASAP! Look on google and even consider asking the ACLU or other public entities to represent you.
I don’t mean to scare you, but just so you do understand how serious this can be check out some of the links i left. It’s a google reference I hope you do check out carefully. ASK as many questions as possible and if your lawyer blows you off tell the judge and request a new attorney if possible.
Best of luck to you and by all means stay out of trouble and lay low.
Not knowing full details and going off just what you are saying it sounds to me like you may have a really good chance of your case being dropped or the charges to at least be lowered. I hope you didn’t see the codefendant as a friend because it sounds to me like he was leaving you out to dry while he tried to get off free and clear!