One of the most basic concepts of a criminal trial is that, while each side should advocate zealously, the trial should be conducted with ultimate fairness. If the prosecution in your case discovers but then hides evidence that could disprove your guilt, that is unfair and a violation of the rules. If the state provides you with certain evidence, but gives it to you in a way that is unusable or nearly so, this also runs counter to the idea of fairness.
When these kinds of things happen, you may be able to use these bits of unfairness to gain beneficial outcomes like a new trial or a reversal of a conviction. Of course, you first have to spot the violation and then know how to go about presenting that issue and arguing for your new trial in the right way. In other words, these are just a few examples of times when it pays to an experienced Maryland criminal defense attorney on your side.
C.B. was a man on trial who experienced this kind of unfairness. The state accused him of nearly a dozen various crimes related to a carjacking and robbery. As part of its case, the prosecution sought to use DNA evidence taken from a pellet gun, which the police had discovered when they searched a van in C.B.’s possession. A state lab technician performed DNA analysis on the gun.