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    ccd1229's Avatar
    ccd1229 Posts: 1, Reputation: 1
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    #1

    Jan 25, 2012, 07:18 PM
    Evidence in trial not provided to defendant?
    During a trial, the prosecutor brought in evidence that was not available to me or my lawyer.My lawyer did not object to the use of this evidence throughout the trial and I was found guilty.What are my options before sentencing?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 25, 2012, 07:56 PM
    Are you saying that your lawyer was never allowed to see the evidence, or that he/she didn't get to see it in advance of it's being introduced?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 25, 2012, 09:44 PM
    Ok, was your attorney notified that the evidence was going to be submitted, They are to notify him of evidence. If there is "last min" evidence then if there is a reason to review it, your attorney can ask for trial to be posponed while he examine the evidence.

    It would help to know what the evidence was, If drugs were found for example and the evidence was just the drug labs results, but there is no optoin at sentencing, Perhaps a issue for an appeal but most likely since there was no objection, it is just what happens.

    If you want to give the facts as to more details we can discuss how it effects
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 26, 2012, 04:40 AM
    You have no options before sentencing. After sentencing you may be able to appeal.

    Providing the defense with the evidence that the prosecution plans to use is called discovery. The defense is allowed to examine the evidence to provide a defense. However, sometimes evidence is uncovered during the trial.

    To win an appeal, you will have to show that the evidence was not properly presented or that you were not given time to rebut it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 26, 2012, 05:51 AM
    Quote Originally Posted by ccd1229 View Post
    What are my options before sentencing?
    Hello c:

    Based on ineffective assistance of counsel, you can move for a directed verdict, or you can move for a new trial.

    excon

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