Fort Myers, FL asked in Criminal Law for Florida

Q: If evidence in a criminal case was obtained illegally but was revealed during the duration of the case; can newly

But wasn't revealed until after case had ended; can new evidence claim be filed if it would have changed outcome of case?

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: The problem may involve a Brady issue. Prosecutors are required to disclose evidence favorable to the defense. If your lawyer should have been able to figure it out, then the fault would lay with the defense lawyer. If the defense lawyer could not have figured it out through the exercise of due diligence, then the fault may lay with the prosecutor. You should confer with your lawyer to find out the specifics. There are time limits for direct appeal and for post-conviction relief. You might consider filing a post-conviction relief motion based upon either the State’s concealment of favorable information or your lawyer’s failure to move to suppress the evidence. These are complex issues and you will need experienced legal assistance.

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