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In late May 2022, ABC15 published their updated Brady List database of law enforcement officers. From the last time this database was updated in 2020, there has been a staggering increase of over 1,800 police officers statewide now on the Brady List for misconduct.
This updated list was not made accessible to the public until only a year ago, so legal counsel had to depend on the offices of the prosecutor to ensure they were in compliance with the requirements of the law.
However, thanks to a new database that was just made available by ABC15, defense counsel may now view the material. In accordance with the Brady rule, the police officers on the list will not have an immediate bearing on each and every investigation. However, this is a crucial line of defense that must be taken into account.
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Arizona Brady List Used by Phoenix Criminal Defense Attorneys
What is the Arizona Brady List, sometimes referred to as the Brady Disclosure?
The Arizona Brady List is a public disclosure of police misconduct and exculpatory evidence. This system was established by HB2114, Arizona’s latest law enacted to ensure the safety of the public. Here, you will learn what it is and why it is important. It also details how a criminal defense lawyer can use the system to defend their clients. If this is the first time you have heard of the Arizona Brady List, you may be curious as to what the list really comprises.
What does that mean for someone who has been charged with a crime? We’ll explain how a Phoenix criminal defense attorney can use this list to assist in defending a client.
The Brady List, also known as the Brady Disclosure, was established by HB2114 and is a a watchlist that contains information about law enforcement officials who have a history of engaging in improper activity. This is the Brady List’s most straightforward explanation.
If the law enforcement official who arrested you has a history of participation in other types of wrongdoing, there is a significant possibility that their testimony cannot be trusted.
The Colburn Hintze Maletta defense team will work with you to develop a defense strategy that will benefit you in your case. They will work relentlessly to uncover any proof of police wrongdoing or other contributing causes. The Arizona Brady list, for example, is one piece of evidence they may utilize.
What is meant by the term “Brady Disclosure”?
The need for making exculpatory evidence public is shown by the rule described above. Without a Brady Disclosure, you, as the defendant, may be deprived of your right to due process. A Brady Disclosure may reveal the existence of several forms of evidence, including the following:
- Evidence supporting the claim that the defendant is not guilty
- A loss in the confidence of law enforcement officials
- Compelling arguments in favor of a sentence reduction
The Background of the Brady Rule, the Arizona Brady List, and the Brady Disclosure
Following the conclusion of the court case Brady v. Maryland, the Brady list sometimes referred to as the Brady Rule, was compiled. In 1958, a man named John Brady was unjustly arrested and charged with murder for a crime that he did not commit. Even though Charles Boblit admitted his guilt, the court sentenced John Brady to serve time in prison.
The prosecution was concealing evidence from the jury that, if shown, would have demonstrated Brady’s innocence.
A subsequent court case known as Giglio v. the United States, which involved a man called John Giglio, also contributed to the demonstration of the need of this list. The jury had come to the conclusion that Giglio’s due process rights were violated when a witness was given a bargain in exchange for providing misleading evidence.
Following the conclusion of these two court decisions, the Supreme Court came to the ruling that charges may be thrown out if there is insufficient or withheld evidence.
What Information Does the Brady List Provide Defense Attorneys?
Knowing that this rule requires complete disclosure of any police wrongdoing or other exculpatory evidence, you may be curious about the categories of material on the list. The Brady List contains some of the most crucial bits of information found below:
- Records of fabricated police reports
- Proof of altered evidence
- History of lying as a witness under oath
- Evidence of witness intimidation or coercing a witness’s statement
- Cases of police abuse
- Numerous civil complaints
- Racist statements or acts
- Officer employment information
- The current status of any accusations of misbehavior
Your criminal defense attorney in Phoenix will investigate each of these factors in great depth to decide whether or not they will be beneficial to your case.
Information Relating to the Brady Rule in the State of Arizona
Defense attorneys in Phoenix may gain significant benefits from the Brady disclosure list because it prohibits other parties from concealing information. Due to the limited amount of information that is accessible to the public, the state continues to have a problem with erroneous arrests occurring at an elevated rate.
In the state of Arizona, each county is responsible for maintaining its own list. Unfortunately, there isn’t an easily accessible list made for the public except for the article that was published by ABC15.
Now, as of May 2022, there are more than 1,800 police officers on various lists in some jurisdictions. Officers mentioned on the Brady List do have the legal ability to contest their inclusion on the list.
The officer can appear before a county review board that is required to interview the officer and look over the evidence before making a final decision on whether or not to keep them on the list.
How to Navigate the Brady List?
In order to get access to this list, it is in your best interest to speak with a Phoenix trial attorney from Colburn Hintze Maletta. They have the ability to swiftly determine whether or not the government is concealing evidence related to your case, which may be beneficial to your defense.
They can go over your available options during a free consultation with a defense lawyer.
There may also be instances where you are interested in reading the list on your own. Keeping this in mind, you should begin with the one that was produced by ABC15.
What is the Freedom of Information Act?
The Freedom of Information Act is most often referred to as FOIA. This piece of legislation provides that the general public will have access to all public papers stored by a particular government agency.
You or your defense attorney may be able to get access to information included in certain government records with the assistance of the Freedom of Information Act (FOIA), including materials that are relevant to the Brady list.
How the Brady List and the Brady Rule Benefit Criminal Defense Attorneys?
By collaborating with your Phoenix defense attorney, you may increase the likelihood that the Brady List will have a substantial influence on your case. This impact is a reality, and it is particularly true if you are facing an unjust arrest for a crime that you have not committed.
It is possible that a police officer’s past behavior will show that this is not the first time that they have participated in similar behaviors.
Information Regarding Criminal Defense
If you are found guilty of committing any crime and are sent to trial, you will be prosecuted in some fashion. In this particular case, it will either be the victim or the local government.
Your Phoenix defense attorney is entitled to know from the prosecuting attorney whether or not the officer in question is included on the Brady List.
A Look at the Impact of a Testimony
In the majority of cases, the officer will be a witness and will be required to provide testimony. However, the credibility of the police officer’s testimony would suffer if he has a history of dishonest or inappropriate conduct.
Keep in mind that the material on the Brady List includes incidents of dishonesty while testifying in the past.
This lack of an officer’s credibility will aid your defense since law enforcement is the primary source of evidence against the accusation. Your defense counsel may even introduce evidence from the list to demonstrate earlier instances of lying or hiding evidence.
Contact Your Arizona Defense Team at Colburn Hintze Maletta Today
If you believe you have been wrongfully arrested or there has been police misconduct, call CHM Law immediately at (602) 825-2500.
It’s possible that previous infractions revealed in the Brady List may end up being the key piece of evidence needed to win your case!
Your skilled criminal defense attorney in Phoenix will be able to properly evaluate the material that is discovered on the list, particularly if it includes the arresting officer who is working on your case. They will be able to put that knowledge to use to either show that you are innocent or lessen the sentence that you are given.
The court must always reflect the truth, and you and your Arizona defense attorney must work together to reveal it in whatever manner is feasible.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
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“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
Jacob - AVVO Review
“This was the best possible outcome, great price, and fast.”
Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
David R. - Google Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.