Can the police deny an attorney’s request to view videotape if their client has not yet ben formally charged?

Asked on August 11, 2013 under Criminal Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, because until there is a charge, there is no legal proceeding; until there is a legal proceeding, there is no context in which to request the tape, and no mechanism for requesting it. Once there is a charge, however, then the defense attorney will be able to gain access to evidence like this.

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