What is a Brady Motion?

Criminal defense attorney Michael Becker explains Brady Motions, and when prosecutors are required to turn over evidence which might exonerate a defendant.

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Before a criminal trial, the prosecution is required by law to turn over all evidence which might help to prove that the defendant is innocent of the criminal charges. This type of evidence is called “exculpatory evidence”.

However, there are often disagreements over what may count as exculpatory evidence, and what evidence would be inconsequential to proving a defendant’s innocence. For this reason, skilled and experienced criminal defense attorneys often have to use Brady Motions to force the prosecution to turn over exculpatory evidence.

When a Brady Motion is filed, either during the pretrial process or during the trial, the court will hold a hearing to determine whether the evidence is material to the case. During the hearing both the criminal defense attorney and the prosecutor will make oral arguments in favor of either the importance of the evidence in question, or the immaterial nature of that evidence.

If the criminal defense attorney is successful in arguing that the evidence is material to the defendant’s case, then the judge will force the prosecutor to hand over that evidence to the defense team, and it can then be used to help prove the innocence of the defendant.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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