Havre De Grace, MD asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland

Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to protect the identity of a CI). But lawyer won’t ask prosecutor for the aerial photos. If there are none, could the case be dismissed & charges dropped? discovery claims they saw 15 plants in pots in a area on my property, lies. Theres a 15x12’ completely enclosed greenhouse that had 6 small medical plants in, not see thru. discovery states the following day they confirmed on foot from the street, but shrubbery obscured any view.FYI it’s NOT MY case. NO ONE WAS CHARGED FOR MJ. Weapon found in home & a prohibited person. He was charged with firearm poss. They used mj to get inside for the firearm. Lawyer wants him to plea instead of disputing search warrant basis & he lied about the class of crime of plea

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable. Trial tactics and strategy may dictate different approaches, based on the circumstances. No lawyer on this forum can evaluate the situation or second-guess your lawyer without the knowledge your lawyer has of the case. But you undermine your case, and your lawyer's trial strategy, by going on a public forum and posing facts nobody can know but yourself, and thereby waive attorney-client privilege as to these public communications.

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