A prosecutor's obligation to reveal evidence

People in Massachusetts may not be aware of a law regarding criminal cases that is sometimes known as the Brady rule. According to this rule, a prosecutor must inform the defense if evidence is discovered that is favorable and material to the defense's case. However, many prosecutors fail to do this. They often claim that they were unaware or they did not think the evidence was important.

For example, a man was convicted of robbery, but several months later, a prosecutor working on an appeal found a mug shot of him in the previous prosecutor's file. It was taken two days before the robbery and showed that the defendant's hair was short. However, the robbery had allegedly been committed by a man with dreadlocks.

The defendant's attorney asked for a new trial and the request was granted even though the prosecutor tried to argue that the man might have worn a wig. Under the Brady rule, the evidence does not have to prove a person's innocence in order to be material and favorable.

When facing criminal charges, it may be wise retain counsel. An attorney might look at areas where a client' rights may have been violated. Such violations can lead to the dismissal of evidence or even an entire case. A person might also want to plead not guilty. They might be an associate of someone who committed a crime, but they might not be involved. An eyewitness account may be wrong or evidence may have been contaminated. Another option might be a plea bargain.

No Comments

Leave a comment
Comment Information
Don’t Go In The Ring Without Us

Call Today 866-678-4732
Live 24/7

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Download our free mobile app
BAC Calculator -
Know Your Rights Hot Button
along with 24/7 LIVE One Click Calling

IOS itunesAndroid Android

Store My Number Now in Your Contact List


The sooner you call, the sooner we can help!

Contact Our Firm Today

Phone: 508-795-1200
Fax: 508-795-1333
E-Mail Anthony Salerno

Office Location
306 Main Street
Worcester, MA 01608
Worcester Law Office Map

FindLaw Network

LIVE 24/7