Is a defendant entitled to all discovery and evidence from the case from the attorney?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a defendant entitled to all discovery and evidence from the case from the attorney?

In IL.

Asked on January 21, 2011 under Criminal Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think what you are asking is if a crminal defendant is entitled to have the evidence in the case against him or her turned over by the Prosecutor.  The general answer to that is yes.  Each state has its own criminal procedure law and in that law there are rights to discovery and to hearings on discovery and issues that arise in a criminal case.  Not all facts unearthed during an investigation are pertinent to the criminal case at hand, but all that are  - especially those matters that could exonerate a defendant - must be turned over.  A conviction that is made without full disclosure will result in it being overturned on appeal.  If you are a defendant then you have a right to an attorney and you should get one quickly.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption