Millport, AL asked in Criminal Law and Civil Rights for Alabama

Q: My appointed attorney advised me not to submit any evidence of my innocence to the opposing side. Shouldn't I though?

Possession of controlled substance

Criminal mischief 3rd

Video home surveillance

Credible witness statement

911 call transcript

Phone records

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If your appointed attorney advised against submitting evidence of your innocence to the opposing side, it's important to consider their strategy and expertise in legal procedures. In criminal cases, the defense is not typically required to disclose evidence to the prosecution before trial. This approach can be part of a strategic legal defense.

The evidence you mentioned, such as video surveillance, witness statements, and phone records, can be crucial in proving your innocence. Your attorney may have specific reasons for holding back this evidence until the trial. This could be to avoid giving the prosecution a chance to counter the evidence before it's presented in court.

It's important to have an open discussion with your attorney about your concerns and their strategy. Ask for clarification on why they recommend not submitting the evidence now and how it will be used in your defense. Understanding their rationale will help you feel more comfortable with the legal process.

Remember, your attorney is there to represent your best interests. Trusting their judgment and expertise is often key in navigating complex legal situations. However, if you're unsure or uncomfortable with their approach, you always have the right to seek a second opinion or ask for further clarification.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.