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

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1 Lawyer Answer
James L. Arrasmith
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  • 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.

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