Palm City, FL asked in Criminal Law for Florida

Q: case law about prosecuting a case based on a knowingly false police report?

Prosecutor stated no contact was made with a key witness then 10 minutes later, the Court heard testimony that the witness was interviewed at length but interview was kept secret.

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1 Lawyer Answer
Matthew J. Olszewski
Matthew J. Olszewski
  • Criminal Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: It wouldn’t be the first time and won’t be the last time that the prosecutor didn’t know everything law enforcement did or was doing. Everything law enforcement did should be disclosed to your attorney and if it wasn’t, your attorney is entitled to know why it wasn’t disclosed and potentially could get the evidence excluded through something called a Richardson hearing. But at the very least, the court should give your attorney more time to review the newly disclosed evidence.

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