If you're in need of legal representation, we believe it's important to tell you what prosecutors aren't going to say and why that should matter for you. This can relate to things like Brady violations and the limits of disclosure, highlighting the risks defendants face without the strong legal representation that you're looking for. In this blog, we will break down the importance of reading into why it can be easy to overlook this when you need help from a criminal defense attorney like the ones we offer at DuBois Law.

What is a Brady Violation, and How Does it Help You

A Brady violation is a rule within criminal defense that requires prosecutors to disclose material, exculpatory information in the government's possession to the defense. This rule factors into something as important as a defendant's potential sentence. The more evidence you offer and the better chance you have at reducing that sentence.

In simple terms, it just offers a much fairer and more reliable aspect of the case that the prosecutor might use against you if you don't use it well enough in the defense. It makes it better for you to make a point, but it also makes the job of the attorney easier to make their case for why you're not guilty or at least not guilty enough to warrant a harsher sentence.

The Prosecutor Won't Say it, But They Are Very Busy

A prosecutor's job is not just to handle one case at a time, they are always busy with work to do, whether with case loads or other work that needs to be done with clients. In this case, they may not be as up to date on your particular case and can't read all the reports to feel as confident in what they are prosecuting. 

In certain instances, a defense attorney is more than likely going to have less case load than a prosecutor, where their job is way more spread out as far as who they are prosecuting.

The Added Bonus of the Prosecutor Not Using a Witness

A witness's testimony can be a surefire way for the prosecutor to get a leg up on you, especially if they are trying very hard to get the jury on their side. Proper filing of evidence in your case can really help if a witness shows up, but if they don't, it gives leverage to your side, and maybe the prosecutor is not as confident they will win this case.

If the prosecutor is looking for a necessary witness and they do not show up, then the prosecutor may be forced to drop the case and not continue. The judge might drop it for them without hesitation if convinced enough that the prosecutor is not getting anywhere with their side.

They Won't Say Anything About Your Defense Attorney

Prosecutors tend not to speak with either the defendant or the attorney during a case, but they could easily hint at how good or bad the attorney is if the case is not going well with the attorney. At DuBois Law, we have some of the best defense attorneys in WNY and work with all kinds of cases, defending significant crimes. We recommend you reach out to any one of them if you are in need of representation!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.