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How to Obtain Exculpatory Evidence in a Counterfeiting Case
How to Obtain Exculpatory Evidence in a Counterfeiting Case
Being charged with counterfeiting can lead to severe criminal penalties. However, having the right exculpatory evidence on your side can help prove your innocence. Here’s how you can obtain exculpatory evidence in a counterfeiting case.
Understand What Exculpatory Evidence Is
Exculpatory evidence is any evidence that tends to help prove the defendant’s innocence or casts doubt on their guilt. This type of evidence is also called “Brady material” based on the Supreme Court case Brady v. Maryland that established the prosecution’s duty to disclose it[1].
For a counterfeiting case, potential exculpatory evidence could include:
- Documents showing the defendant was somewhere else at the time of the alleged counterfeiting
- Test results proving the items were not actually counterfeit
- Witness statements supporting the defendant’s lack of knowledge or involvement
- Information about another potential suspect who may have committed the crime
This evidence may directly point to innocence or raise reasonable doubt about the prosecution’s case. Either way, the prosecution is constitutionally required to disclose it to the defense before trial[2].
File a Discovery Motion
After being charged, one of the first steps is to file a discovery motion requesting any Brady material or other exculpatory evidence. This motion triggers the prosecution’s duty to search their files and disclose anything favorable to the defense[3].
The motion should clearly state that all exculpatory evidence must be turned over, even if the prosecution doesn’t think it’s relevant. The prosecution does not have discretion over what is considered exculpatory – they must disclose anything that could potentially help the defense[4].
It’s also important to request exculpatory evidence from law enforcement agencies involved in the investigation, not just the prosecution themselves. Agencies frequently do not share potentially exculpatory evidence with prosecutors, so it’s critical to seek it directly from both[5].
Follow Up with the Prosecution
Don’t just file the discovery motion and wait passively. Follow up continually with the prosecution to identify any Brady material they may have. Send letters requesting updates on the production of exculpatory evidence.
If there are any gaps in the evidence provided, keep pressing the prosecution. Explain why you believe additional exculpatory evidence exists and must be disclosed. The prosecution has an ongoing duty to disclose newly discovered information before and even during trial.
If the prosecution claims no exculpatory evidence exists, request a written statement confirming this. Having them verify this claim in writing can prevent later disputes if evidence does surface.
Interview Prosecution Witnesses
A great way to uncover exculpatory evidence is to interview the prosecution’s witnesses yourself. The witnesses’ statements to law enforcement may downplay or omit exculpatory information that would aid the defense.
By interviewing witnesses directly, you can try to elicit favorable details they failed to mention previously. Their statements may provide new timelines, contradictions, or alibis that amount to exculpatory evidence.
If a witness provides new exculpatory details during your interview, bring it to the prosecution’s attention immediately. They are still required to disclose this Brady material even if it comes from the defense’s own investigation.
Hire a Private Investigator
A private investigator can also help uncover evidence the prosecution failed to find. An experienced investigator has resources and skills for locating witnesses, documents, and other information outside the government’s reach.
Some examples of exculpatory evidence a private investigator might discover include:
- Security camera footage the police never retrieved
- Receipts proving the defendant’s whereabouts
- Witness statements contradicting the prosecution
- Social media posts undermining the accusations
Any favorable evidence the investigator uncovers still qualifies as Brady material that must be disclosed. A good private investigator pays for themselves by finding exculpatory evidence the defense may have never discovered otherwise.
Request a Pretrial Hearing
If there are doubts the prosecution has disclosed all the exculpatory evidence, seek a pretrial hearing to address it. The defense can explain to the judge why they believe additional Brady material exists and ask the judge to order the prosecution to turn it over.
A pretrial hearing can also help identify exculpatory evidence if the prosecution’s witnesses will testify. Their statements on the stand may reveal contradictions or other favorable details not previously disclosed.
Judges frown upon prosecutors failing to disclose exculpatory evidence before trial. A pretrial hearing puts pressure on the prosecution to err on the side of disclosure rather than risk sanctions later.
File a Motion to Compel
If asking nicely fails to produce all the exculpatory evidence you believe exists, file a motion to compel discovery. This asks the judge to order the prosecution to disclose the specific Brady materials you requested but have not received.
The motion to compel should explain in detail the exculpatory evidence you think the prosecution possesses, and why they are legally required to hand it over. The judge can then force the prosecution to turn over the evidence or face contempt charges.
Prosecutors strongly resist being compelled into disclosing more evidence. But the motion puts them on notice that further obstruction will not go unchallenged.
Claim a Brady Violation
If you uncover exculpatory evidence that the prosecution improperly withheld, you can claim a “Brady violation.” This occurs when the prosecution fails to disclose material exculpatory evidence before trial as required by law.
To prove a Brady violation, you must show three things:
- The evidence was favorable to the defense
- The prosecution suppressed the evidence
- Prejudice resulted from the suppression
If you can prove these elements, the remedies could include:
- A mistrial
- Suppression of evidence
- Dismissal of charges
- A new trial
Brady violations are grounds for serious sanctions against the prosecution. But you must properly preserve the issue through pretrial discovery efforts before you can claim it.
Consult an Attorney
Navigating discovery rules and identifying exculpatory evidence can be complex. An experienced criminal defense lawyer knows all the strategies for obtaining Brady materials and can ensure your rights are protected.
A knowledgeable attorney will start demanding this evidence from day one and keep up the pressure through trial. With an attorney’s help, you have the best chance of obtaining all the exculpatory evidence that could make or break your counterfeiting case.
Fighting a counterfeiting charge takes skill and determination. But uncovering the right exculpatory evidence can demonstrate your innocence and avoid a wrongful conviction. Use these strategies to obtain the Brady materials that may set you free.