When you are charged with a crime, the first thing to remember is, the government has the job to prove you guilty beyond a reasonable doubt. How can you tell whether the evidence is enough if you don't have the evidence?
But getting the evidence raises other questions, like how do you know if it's enough? Are there legal technicalities that could get it dismissed even if I'm guilty?
In this brief video, South Carolina criminal defense attorney Rob Usry addresses these concerns, so you can begin thinking about your most important job- giving yourself the best defense possible to protect your freedom and reputation.
We're talking about how to get the evidence in your criminal case and what to do with it. The state can't convict to you without proof beyond a reasonable doubt. Getting the evidence helps you assess the state's chance of convicting you. In South Carolina all suspects have the right to the evidence against them, but you've also got the right to evidence that helps you. That means if the state has a witness statement showing the armed robber looked nothing like you they've got to turn it over to you. That is a powerful right that can make all the difference in the outcome of your case.
So how do you get it? You file a motion under South Carolina rule of “Criminal Procedure V” and Brady versus Maryland, a 1963 United States Supreme Court case. But the key is you need a trained professional who knows how to get it, what to look for and how to use it. The discovery in your case can reveal legal defenses you had no idea about, like constitutional rights violations that can get your case dismissed. It can reveal holes in the state's case, like witnesses who make contradictory statements and even if you have no defense it can show that what you did wasn't that bad justifying a plea deal that can save you from prison.
If you're wondering how to get the evidence in your case and what to do with it, feel free to schedule a free strategy session with us by calling our office at 888-230-1841. I thank you for thinking about this with me and I hope I see you soon.