Prosecutors Must Disclose Exculpatory EvidenceUnder the United States Supreme Court’s Brady decision, a criminal defendant has a due process right to obtain any exculpatory evidence that the prosecutor has, or has access to. That sound simple, but this is law, and it really helps to have an experienced Boston, Massachusetts criminal defense lawyer looking out for your rights.What “Exculpatory” MeansThe Brady rule applies to any evidence which is favorable to the defendant on the questions of … [Read more...]

Boston criminal defense lawyer, Kevin J. Mahoney, explains how false exculpatory statements tend to show guilt In a prior post, I explained that exculpatory evidence is evidence that tends to show a defendant is not guilty. The risks of speaking with the pollce are many. Here, I will discuss the impact of a false exculpatory statement on a Boston criminal defense case.  What is a false exculpatory statement? A person confronted by the police might make a statement that, on its face, … [Read more...]

Can prior exculpatory statements be admitted into evidence? The phrase “exculpatory evidence” is legalese for evidence that tends to show a defendant is not guilty or did not have the required criminal intent to commit the crime charged. As I explain it to my Boston criminal defense clients, it is evidence that tends to excuse or justify a defendant’s conduct, or to absolve the defendant of fault or guilt.  If a Massachusetts criminal defense attorney were to try to introduce a prior … [Read more...]