Delayed Evidence Disclosure Concerns

Summary

In South Carolina, defendants have the right to a speedy trial and to inspect evidence. If evidence is withheld, consult with an attorney or file a discovery motion. If an attorney has a conflict of interest, they must inform the client. Suspicious police activities can be reported to Internal Affairs. Before accepting a plea deal, understand the consequences and consider a second opinion.

Full Conversation

After 2 years my brother's still sitting in jail and we haven't seen any evidence
Hello ****, that sounds like a difficult situation. Can you tell me which state your brother's case is in? It's crucial for providing accurate legal information.
SC
Hello ****, in SC, defendants have the right to a speedy trial under the Sixth Amendment. It includes:
- The right to demand for a trial within a reasonable time.
- The right to inspect evidence against him.
You may consult with your brother's attorney or a public defender.
They're not helping him only want to plea him when we had evidence to support his innocence my mom gave it to the cops after telling her not to
Hello ****, that's concerning. In SC, defendants have the right to present their own evidence. Your brother can:
- Request his lawyer to include your evidence.
- If his lawyer is unresponsive, he can ask the court to appoint a new one.
- Consult with another attorney for a second opinion.
Something strange is going on with * different attorneys now and the 2nd one who was given a *,* dollar retainer was moved to another small town and given the towns Prosecutor job and didn't tell us. Isn't that a conflict of interest
Hello ****, it could potentially be a conflict of interest. In South Carolina:
- Attorneys are expected to avoid conflicts of interest.
- They must inform clients about any potential conflicts.
- They cannot represent a client if a conflict of interest exists.
Consider consulting a legal ethics expert or filing a complaint with the state bar if needed.
We want to see the evidence because we suspect fowl play with the lead cop who left the scene and never filed a statement
Hello ****, in South Carolina, you have the right to:
- Request access to the evidence in your brother's case.
- Report any suspicious activities of the police officer to the Internal Affairs Division.
- Consider hiring a private investigator to gather more evidence.
Ensure to consult your attorney for proper guidance.
Who do we go to and ask about the evidence
In South Carolina, you can:
- Request the prosecutor's office for the evidence.
- If they refuse, file a discovery motion in court.
- Consult with your attorney for proper procedure.
My brother has given up hope and going to take a plea deal. He was shot in the face and doesn't remember anything after they did surgery on him
Hello ****, in South Carolina, before accepting a plea deal, it's important to:
- Understand the consequences, including potential sentencing.
- Consult with his attorney to discuss the best course of action.
- Consider getting a second opinion if he feels his attorney isn't representing his best interests.