Can the defense withhold evidence?

The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however, the defense will offer evidence.

What is the punishment for withholding evidence?

According to the Los Angeles Times, the new state law makes it a felony, rather than a misdemeanor, for prosecutors to alter or intentionally withhold evidence that could be used to exonerate defendants. Violators of the law could be sentenced to up to three years in prison.

What happens if you don’t produce discovery?

Motion for Sanctions – If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party’s evidence at trial, dismissing their lawsuit, or striking their defense to a lawsuit, and imposing …

How does discovery work in a criminal case?

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It’s just a fancy word for evidence. Whenever an attorney says, “I’m going to request discovery,” that means they’re going to get the evidence that the state claims they have.

Does the defense have to turn over discovery?

Defense lawyers are often legally obligated to turn over evidence that they find. This is known as reciprocal discovery. Even when it is not required, though, defense lawyers will use exculpatory evidence that they have found to urge law enforcement to dismiss the case.

Is withholding evidence obstruction of justice?

Obstruction of justice is a criminal offense of interfering with the (1) administration or process of law, (2) withholding material information or giving false testimony, or (3) harming or intimidating a juror, witness, or officer of law.

Is withholding information a crime?

To be prosecuted for obstruction of justice or withholding evidence, someone with knowledge of a crime must lie to a police officer, either by fabricating or withholding information.