No, the prosecutors are not allowed to hide evidence. In 1963, the United States Supreme Court held “that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence if material either to guilt or punishment, irrespective of the good faith or bad faith of the prosecution.” Brady v. Maryland, 373 U.S. 83 (1963). In California, Rule of Professional Conduct 3.8(d) requires the prosecutor in a criminal case “make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence.” This rule is broad and sweeping and applies to all lawyers working as prosecutors in California. The lawyers at McKenzie Scott work hard to independently investigate your case but also routinely face off against prosecutors in court to demand full and fair access to all evidence in your case. It is hard enough for the accused to combat the many challenges that come with defending against criminal charges, to do so against prosecutors who play games with discovery or attempt to use the discovery process to impede the accused’s right to defend themselves is simply unacceptable.