A Brady violation is when the District Attorney does not disclose or, in worst cases, hides material exculpatory evidence in a criminal case.

To prove a Brady violation, the defense must show that the withheld evidence is material. Evidence is material if there is a reasonable probability its disclosure would have altered the trial result. The Court of Appeal in many cases concludes that the prosecution’s failure to provide the defense with information related to Officer misconduct is not material.

The court will go to great lengths to not condone the prosecution’s conduct in withholding the evidence and that The defendant was likely entitled to discovery of at least some of the evidence of misconduct when it can be established it is material in a criminal prosecution.