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.
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- New York
- (914) 912-1555
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- Answered
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.
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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
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