A Los Angeles man got a new trial after a judge vacated his previous drug possession conviction. The man’s attorney discovered evidence about a relevant civil verdict against the arresting officer but he didn’t present it to the jury at trial.
The civil suit alleged that the officer planted evidence and gave false testimony in a drug possession case. Superior Court Judge Michael Garcia said that a jury could reach a different outcome information about the civil verdict. Garcia ruled that the man’s defense was inadequate because his attorney didn’t introduce this information at trial.
According to the judge, defense witness testimony at trial contradicted the officer’s account of the arrest. In addition, the defense witness described discrepancies in the officer’s testimony that could support a defense theory of planted evidence. The prosecution called the arresting officer as its only witness in the trial.
In this case, the judge granted the defendant a new trial, but his decision raised another question. Prosecutors must inform defendants of any favorable evidence. In this case, the man claimed that the officer should have informed the defense of the unfavorable civil verdict.
The judge disagreed, saying that the defense could have discovered the possible misconduct because it was public information. During his first trial, the defendant discovered the civil verdict after doing a Google search on the arresting officer.
Los Angeles Drug Possession Lawyer
This case illustrates the importance of having an aggressive, engaged criminal defense attorney fighting for you. When your drug possession lawyer won’t fight for you, you run the risk of being unfairly tried and convicted. Robert Helfend takes drug possession cases in Los Angeles County and throughout Southern California.
He will fight aggressively for your rights throughout the judicial process. Don’t rely on an attorney who won’t fight for your rights, or who won’t offer an aggressive criminal defense.
Contact Robert Helfend or call toll-free at (800) 834-6434, (310) 456-3317, (818) 591-2809 or (805) 273-5611 for an immediate consultation on your Los Angeles County drug possession case.
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