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

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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 10 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.


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