Summary
In Arkansas, prosecutors may provide redacted video evidence to protect identities or privacy. Defendants have the right to request full access if its crucial for their defense. The Arkansas Rules of Criminal Procedure and the Brady Rule require the prosecution to disclose material evidence, including exculpatory information. Redactions can be challenged in court if they hinder the defense. Consider consulting a local attorney for personalized advice on navigating evidence disclosure and plea negotiations.Full Conversation
Related to a controlled by
It sounds like you might be dealing with a situation involving controlled substances. Can you clarify if this is a criminal case involving possession or distribution? This will help me provide more specific information.
Delivery of a controlled substance
Thanks for sharing the details. Here’s some general information regarding delivery of a controlled substance in Arkansas:
- Felony Charges: Delivery of a controlled substance is typically charged as a felony.
- Penalties: Penalties can include significant fines and prison time, depending on the substance and quantity.
- Defenses: Common defenses can include lack of knowledge, entrapment, or unlawful search and seizure.
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I requested the video evidence from the prosecutor and they only gave me a reducted version is that legal
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The prosecutor may provide a redacted version of video evidence for various reasons, such as protecting the identity of confidential informants or ensuring the privacy of unrelated parties. However, you have the right to request the full, unedited version if it is essential for your defense.
Would you like to be connected to local lawyers who can better assist you with your case?
Prosecuting attorney says he cannot release it and still offer me a plea.Deal
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It seems like the prosecutor is withholding the full video evidence while offering a plea deal. Here are some points to consider:
- Disclosure: Defendants have the right to access evidence against them.
- Negotiation: Prosecutors may use evidence disclosure as leverage in plea deals.
Would you like to ask any specific questions or need help with anything else?
What are the rules on the evidence disclosure uses leverage
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In Arkansas, the rules surrounding evidence disclosure in criminal cases are mainly governed by the Arkansas Rules of Criminal Procedure. Here are some key points:
- Disclosure Obligations: The prosecution must disclose evidence that is material to the defense, including exculpatory evidence.
- Brady Rule: Under Brady v. Maryland, the prosecution must provide any evidence that is favorable to the defendant and material to guilt or punishment.
- Redacted Evidence: The prosecution can redact certain parts of the evidence to protect the safety of witnesses or other sensitive information, but the defense can challenge this in court.
Would you like more detailed information on your rights regarding evidence disclosure?