case where lawyer has evidence

If the attorney has evidence, his client certainly has a right to review it. Obviously, evidence from the minor victim that she had sex with the defendant will be a major part of the evidence. The other evidence seems to be phone records.

Full Answer

What happens if a lawyer takes evidence from its original location?

There are other items of evidence, when in the possession of a criminal attorney, may still trigger ethical and substantive concerns. Thus, if a lawyer or his/her investigator takes evidence from its original location, it may have effectively deprive the government of that evidence, and to that extent certain responsibilities may obtain.

Should the court allow illegally obtained evidence?

However, when considering whether to allow illegally obtained evidence, the court will balance the need to deter/discourage law breaking against the desire to have all material facts before the court.

What happens if a solicitor uses covertly obtained evidence?

Using such covertly obtained evidence may breach such principles, leading to a solicitor suffering adverse publicity and professional embarrassment or even being struck off. If the solicitor is personally involved in criminal conduct, they could also face prosecution.

Can you be forced to give evidence to the other side?

If you have acquired covertly or illegally obtained evidence, you may therefore be forced to provide this to the other side (even if you decided that it was harmful to your case and you did not want to deploy it). What are the risks to solicitors?

How does a lawyer get evidence?

Formally, testimonial evidence is provided by someone under oath. However, there are other types as well that happen outside of court that may be useful in a case or claim. Sworn statements or affidavits are also a form of testimonial evidence (although some people may disagree with this exact designation).

Can a lawyer lie about evidence?

As such, a lawyer may not submit false evidence to a court or assist a client in doing so. When a lawyer learns that a client intends to commit perjury or to offer false testimony, the lawyer should counsel the client not to do so.

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What happens if lawyers lie?

In addition to possible State Bar discipline for violating these rules, B&P section 6128 provides that a lawyer is guilty of a misdemeanor when a lawyer engages in an “any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.” The punishment for a violation of B&P ...

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is an example of exculpatory evidence?

Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.

What is a Brady Giglio violation?

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

What is jinx material?

Jencks material is evidence that is used in the course of a federal criminal prosecution in the United States. It usually consists of documents relied upon by government witnesses who testify at trial. The material is described as inculpatory, favoring the United States government's prosecution of a criminal defendant.

What is disclosure of evidence?

Disclosure of evidence refers to the process by which someone charged with a criminal offence is provided copies of, or access to, material from the investigation that is capable of undermining the prosecution case and/or assisting their defence. Disclosure has been the subject of scrutiny for over a decade.

Does the prosecutor have to disclose all evidence?

The prosecution has a duty to: notify the accused of all the evidence upon which they intend to rely; make available to the defence any material of relevance to the case which they do not intend to use (often referred to as 'unused material').

Documentary Evidence Cases Summarized By Injury Lawyer

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Documentary Evidence and the related topic of personal injury . For more information on the topic of evidence see the pages on Wikipedia.

Documentary Evidence-Statutes

See Va. Code § 8.1-202 (UCC) indicating that judicial notice will be taken of authenticity of documents authorized or required by contract to be issued by third party.

Who allowed the evidence to be admitted?

Lord Woolf CJ allowed the evidence to be admitted, however, he ordered the defendant to pay the costs of the time spent debating the admissibility of the evidence (in order to make an example of the defendant and deter such behaviour).

What is the court's discretion in allowing illegal evidence?

The court has complete discretion as to what evidence it will allow to be used in a case. However, when considering whether to allow illegally obtained evidence, the court will balance the need to deter/discourage law breaking against the desire to have all material facts before the court.

Can a solicitor be struck off for covertly obtained evidence?

Using such covertly obtained evidence may breach such principles, leading to a solicitor suffering adverse publicity and professional embarrassment or even being struck off. If the solicitor is personally involved in criminal conduct, they could also face prosecution. As shown by the above, the risks of using covertly gathered evidence can be high ...

Is it a civil wrong to disclose personal information without the consent of the controller?

It is a civil wrong and a criminal offence to persuade someone to disclose personal data (for example a person’s name and address) without the “data controller’s” consent (Data Protection Act 1998). This could include, for example, coaxing an employee to provide you with company records without the employer’s permission.

Is it bad to use covertly gathered evidence?

As shown by the above, the risks of using covertly gathered evidence can be high for solicitors, with the potential consequences including harm to the claim and sanctions for the solicitors themselves. Solicitors should therefore consider carefully whether the benefits of using such evidence outweigh the risks.

3 attorney answers

There are a few, very limited circumstances in which a lawyer might not be able to show their client some evidence in a case against them. Usually, this relates to child abuse. Certain reports from agencies that investigate child abuse will be prohibited from disclosure to the alleged perpetrator.

Jay Bodzin

If the attorney has evidence, his client certainly has a right to review it. Obviously, evidence from the minor victim that she had sex with the defendant will be a major part of the evidence. The other evidence seems to be phone records. He has an explanation for the phone records, supported apparently only by his mother.

Robert David Richman

Normally an attorney will explain all the evidence to a client. All material received in discovery should be reviewed with the client. The cell phone logs should be available and reviewable. Statements also fall in this category. It depends on what is discoverable as my colleague indicates. Sometime a letter to the Judge can clear such things up.