Skip to main content

My girlfriend was arrested for grand theft since then her accuser has went and dropped charges at st atty now theres a brady act

Lady Lake, FL |

what does the brady evidence mean for her case

Attorney Answers 5

Posted

As counsel has already pointed out in his response, which I agree, it is up to the prosecutor as to whether or not to prosecute the case, not the accuser.

The "Brady" evidence refers to a U.S. Supreme Court case holding:

Brady v. Maryland

Supreme Court of the United States
Argued March 18–19, 1963
Decided May 13, 1963
Full case name Brady v. State of Maryland
Citations 373 U.S. 83 (more)
83 S. Ct. 1194; 10 L. Ed. 2d 215; 1963 U. S. LEXIS 1615
Prior history Certiorari to the Court of Appeals of Maryland
Holding
Withholding of evidence violates due process "where the evidence is material either to guilt or to punishment. "
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan, Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
Majority Douglas, joined by Warren, Clark, Brennan, Stewart, Goldberg
Concurrence White
Dissent Harlan, joined by Black
Laws applied
U. S. Const. amend. XIV

Brady v. Maryland

Brady v. Maryland, 373 U.S. 83 (1963),[1] was a landmark United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Procedural History

Maryland prosecuted Brady and a companion, Boblit, for murder. Brady admitted being involved in the murder, but claimed Boblit had done the actual killing. The prosecution had withheld a written statement by Boblit confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment.
The Court's Decision

The Supreme Court held that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment"; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals' ruling was affirmed.

A defendant's request for "Brady disclosure" refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is “material” if “there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed.” Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution's witnesses, and evidence that could allow the defense to impeach the credibility of a prosecution witness.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

10 lawyers agree

3 comments

Jim Mitchell Medley

Jim Mitchell Medley

Posted

An excellent, thorough answer.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

You might want to convert this to an AVVO guide.

Frank Mascagni III

Frank Mascagni III

Posted

Thanks

Posted

As my learned colleague has pointed out in detail, once a case is in the hands of the prosecutor, the decision to proceed or not lies with the prosecutor. Brady has to do with providing all relevant information to the defense. I do not see how that applies here. Your girlfriend needs a defense attorney, and you can pay for one. Her attorney can work through the details with the prosecutor, show that the primary witness has recanted, and seek dismissal. There may be something more to all of this.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Mark as helpful

9 lawyers agree

Posted

My colleagues are correct. HIre a good local lawyer to defend her. Regarding Brady evidence, that is usually evidence that the State needs to disclose that shows that the accused is not culpable for the crime alleged. Good luck to you!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

Mark as helpful

9 lawyers agree

Posted

Hire an attorney to defend the case. It is not up to the accuser to drop charges only the State Attroney can do that. There are many things an experienced attorney can do to assist the State in deciding whether to decline the case. Good luck!
www.colleenglenn.com

Mark as helpful

9 lawyers agree

Posted

Brady evidence is evidence that is exculpatory (would help the defendant). I don't understand your question, though.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Mark as helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics