Brady/Giglio violations
The defense cannot test evidence the government keeps hidden
Brady concerns favorable evidence that can undermine guilt or reduce punishment. Giglio concerns information that can challenge the credibility, bias, motives, benefits, or truthfulness of a government witness. Suppressing material exculpatory or impeachment evidence can violate due process, while disclosure duties and remedies depend on the governing law and facts.
What failure can look like
- Favorable evidence disclosed only after a plea, trial, sentencing, or appeal
- Undisclosed deals, benefits, misconduct, bias, inconsistent statements, or credibility problems involving a government witness
- Police or agency records known to the prosecution team but missing from discovery
Protect the record
Preserve every discovery request and response, disclosure date, police report, witness statement, plea or cooperation agreement, personnel-record ruling, transcript, and proof showing when the defense first learned the information. Ask qualified defense or post-conviction counsel to assess materiality, timing, prejudice, and available remedies.