Gray, GA asked in Criminal Law and Traffic Tickets for Georgia

Q: Is the state required to submit all body cam and dash cam evidence in the discovery?

What was categorized as a traffic stop was really an investigation. Allegations of a traffic violation could not be substantiated. Further allegations during the traffic stop stated that drugs were found in plain view but those allegations are unsubstantiated as well. Even during a sentencing hearing the defendant pled guilty to a charge he was innocent of due to lack of evidence on either side. I believe the evidence exists but in favor of the defendant but was never turned over in the discovery. Is that constitutional? That the defendant doesn’t have the right to argue in his defense because, without proof, the court will believe law enforcement even if they do not tell the truth just to get a conviction.

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2 Lawyer Answers
Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Georgia

A: If exculpatory evidence exists the prosecutor is under an ethical duty to turn over that evidence.

1 user found this answer helpful

Anthony Kozycki
Anthony Kozycki
Answered
  • Criminal Law Lawyer
  • Tucker, GA
  • Licensed in Georgia

A: The short answer is No! The prosecutor cannot withhold exculpatory evidence (meaning evidence that is helpful to the defense). If they fail to give this evidence to the defense it is called a Brady Violation. From your question it sounds like the case has already concluded. If so, a Brady Violation may likely provide a ground for appeal.

Nelson Craig Johnson agrees with this answer

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