Exculpatory evidence is evidence favorable to the defendant in a Vermont criminal trial that exonerates or tends to exonerate the defendant of guilt.
In other words, exculpatory evidence is evidence tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
Exculpatory evidence can present as many different things at a criminal trial. Exculpatory testimony can come from a witness who saw another person commit the crime, or could be an alibi witness that says that the defendant was not at the scene of the crime when it was committed. Exculpatory evidence also includes evidentiary items, such as items collected at the crime scene, which tend to show the defendant didn’t commit the crime. Exculpatory evidence can be fingerprints, DNA samples, and security footage.
Prosecutors are required to turn over any exculpatory evidence that they possess. Failing to do so can result in sanctions against the prosecutor.
For a free case consultation contact Burke Law today. We can develop a defense strategy using your exculpatory evidence.
