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A Palatka Criminal Lawyer Discusses Defense Discovery Obligations

In a criminal case, pretty much any evidence the prosecution asks for is going to spark the defense to ask for the same. During this time, defense counsel may also have to provide the prosecution with defenses. A Palatka criminal lawyer can provide further information on discovery obligations and notices of defenses. 

A Palatka Criminal Attorney on the Burden of Reciprocal Discovery

Palatka criminal lawyer

In many cases where a judge forces the defense to reciprocate discovery, the request is due to a pretrial order that pressures prosecutors to provide much more evidence about its case than is usually required. Oftentimes, this is when prosecutors are forced to offer up witness lists and statements. A Palatka criminal attorney will decide how much of your case he is willing to disclose in exchange for the extra evidence he is asking the prosecution to provide.

In these circumstances, defense counsel likely will ask a number of questions: Does the defense have a good handle on the prosecution's court strategy and witnesses from discovery and informal conversations, or are they a mystery? Are defense witnesses vulnerable to intimidation by the prosecution?

Finally, your Palatka criminal lawyer will think about whether the defenses being considered require the element of surprise. Regardless, no judge can require a defendant to agree to testify or pressure the defense attorney to reveal a glimpse of the testimony. In situations where a defendant has not provided a statement to police and counsel plans on putting the person on the stand, getting some early evidence from prosecutors may help the defense lawyer craft a trial strategy.

A Palatka Criminal Lawyer on Harmful Evidence

No defendant is ever required to provide evidence that may negatively impact his or her case. In fact, Palatka criminal defense lawyers can harbor any damaging evidence as long as it is not stolen goods. In addition, unless there is a rule requiring it, no court can require the defense to present rebuttal evidence to prosecutors pretrial.

Contact a Palatka Criminal Attorney for Assistance

If you were arrested and charged in a criminal case, contact a Palatka criminal lawyer by calling the attorneys at Canan Law at 904-824-9402.

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