Q: Good evening, On the accusatory instrument where the facts are listed, is it mandated that all facts/evidence be listed
As they are known at the time of filing.
A:
No is the short answer, but anything that may be exculpatory must be included in discovery pursue it to Brady versus Maryland. Furthermore, however, any statements you made the People wish to introduce as evidence must be listed (if not on the accusatory instrument itself, as there are many types ie: misdemeanor complaint, felony complaint, a violation information, misdemeanor information and/or/plus a felony information) and you should make a motion to suppress these statements if you were not mirandized prior to making them... assuming they are incriminating. Additionally, if not on the accusatory instrument along with the packet of discovery your attorney will get with it must be a list of all witnesses the people intend to call a trial…Expert witnesses, Police/Peace Officers as well as lay witnesses, including the alleged victim must be listed as it is your right to cross-examine any witness the people intend to use against you.
I primarily practice criminal law and I’ve been recognized as one of the top 10 criminal attorneys in New York State. If you would really like some information on this I need way more details; I think I can help lead you in the right direction just call me at 914-912-1555. I offer free phone consultations that, of course, are completely confidential pursuant to attorney-client privilege even if you do not hire me.
So if you would like a free phone consultation call or text “legal inquiry” to 914-912-1555. You may also contact me via the “contact us “section of our website. Simply fill out the form and I will return your inquiry within 24 hours.
If you would like a comprehensive in person consultation on any criminal law matter I will research the same prior thereto and present you with strategies that you can use either pro se, with your public defender or 18 B attorney. The cost of the comprehensive one and a half hour in person consultation is $50 and if you hire us that money goes toward your initial retainer.
Regardless, I think I can help you via phone call so hit me up if you would like to pick my brain on this. Until then I remain very truly yours,
Aubrey 3
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
