Many jurisdictions like, Broward County, give the prosecution an unconditional right to be notified prior to trial that the defendant intends to raise the defense of insanity and to present expert testimony to support this claim.

Such provisions allow the prosecution the time to prepare its own expert witnesses to rebut the claim of insanity. Other than notice of an in sanity defense, the Broward County prosecutor’s right to discovery is  often made contingent upon whether the defense has been granted discovery. If the defendant’s Fort Lauderdale criminal defense lawyer files no motion to discover the prosecution's evidence, the prosecution may have no right to discover defense evidence. If, however, the defendant through their criminal attorney has been granted discovery, the prosecution may be granted a reciprocal right to discovery. For example, a criminal defendant in Broward County who intends to raise an alibi defense may be ordered to reveal that intention as well as the place at which the defendant claims to have been at the time of the alleged crime.      

For more information about this article, contact attorney Andrew Alitowski at our Fort Lauderdale Office.