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

Answers:

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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