Experienced Criminal Defense Attorneys

Prosecutors are required to share evidence that could help the defense

On Behalf of | Nov 14, 2023 | CRIMINAL DEFENSE - White Collar Crimes

Those arrested for alleged criminal infractions in Texas often worry about what evidence the state has. The more evidence there seems to be, the greater the likelihood that someone will feel like they must plead guilty.

However, having access to the state’s evidence before a criminal trial gives someone an opportunity to refute or re-analyze that evidence. Criminal defense attorneys can help people review the evidence that the state has to put together a defense strategy to counter that evidence.

The state could have exculpatory evidence

The state has an obligation to provide its evidence to a defendant through the process known as discovery. Even evidence that the prosecutor won’t use should be made available to a defendant and their lawyer.

When police officers talk to people about a criminal case, they may exaggerate what evidence they have or outright lie about the situation. The only way to know the truth is to look over the evidence disclosed by the prosecutor before going to trial. Sometimes, the state doesn’t have a very strong case. In fact, prosecutors may have exculpatory evidence in their possession. Exculpatory evidence helps establish that someone did not commit a crime and could potentially exonerate them. Prosecutors don’t need to present that evidence during a trial, but they do have an obligation to disclose it a defendant and their defense team prior to the trial.

They may not highlight such evidence, which is why a very careful review of what evidence the state has is often key to a successful defense strategy. Learning more about the rules that govern criminal cases in Texas may help people feel more confident about their plan to defend against pending charges.