How Brady Violations Can Overturn a Utah Drug Conviction

 Posted on November 07, 2025 in Drug crimes

Every defendant has a constitutional right to see evidence that could help their case; yet, in some instances, that right may be quietly violated. In Utah drug prosecutions, hidden lab data, unreported informant deals, or withheld officer misconduct files could potentially alter the outcome of a drug crime trial.

When the prosecution fails to provide favorable (to the defendant) evidence to the defense, it can undermine the fairness of the entire proceeding. These violations are known as Brady violations, named after the Supreme Court case Brady v. Maryland. A skilled Davis County, UT criminal defense lawyer can investigate whether a Brady violation occurred and petition for a dismissal or a new trial.  

Why Are Brady Violations More Likely in Drug Cases Than Other Cases?

The very nature of drug prosecutions creates conditions that make Brady violations more common and more significant. Some of the reasons Brady violations may be more common in drug cases include:

The Reliability of Forensic Evidence in Drug Cases

The reliability of forensic evidence is always an issue in drug cases. In the past, state crime labs have been unable to differentiate between legal and illegal substances. If these lab limitations are not disclosed to the defense, it constitutes a Brady violation.

Drug Cases Often Rely on Informants and Cooperating Witnesses

Since drug cases frequently involve confidential informants or witnesses who are offered leniency or other benefits in exchange for testimony, the prosecutor may have information about the informant’s credibility. If evidence of prior untruthfulness, pending charges, or drug use is not provided to the defense, this could be considered a Brady violation.

High Caseloads and Underfunding are Common in Drug Crime Cases

Underfunding and high caseloads on the part of prosecutors can lead to insufficient documentation of witness statements or a lack of attention to evidence with exculpatory value. These issues make accidental non-disclosure more likely in all types of criminal cases, but the high volume of drug cases means they are disproportionately affected.

Police Misconduct or Untruthfulness in Drug Crime Cases

Evidence that affects the credibility of law enforcement officers involved in the investigation should definitely be provided to the defense. If the defense attorney knows that an officer has a history of untruthfulness or is currently involved in an ongoing internal investigation, it can significantly impact the outcome of the charges.

Prosecutors Often Believe Only Evidence They Deem "Material" Must Be Shared

Prosecutors often make very subjective decisions about what evidence is likely to change the outcome of the trial; therefore, it needs to be disclosed. This makes it easier to rationalize withholding evidence that might be favorable to the defense, but which the prosecutor does not believe is strong enough to alter a guilty verdict.  

What Tools Do Defense Attorneys Have Regarding Brady Violations?

A defense attorney can file a discovery motion under Utah R. Crim. P. 16 and send pretrial Brady demand letters to the prosecution. Post-conviction, discovery via Rule 65C petitions, and public record requests can uncover Brady violations. Forensic experts may be able to expose omitted or falsified data. The defense lawyer will need to link withheld evidence to a potential acquittal or reduced charges.

Contact a Salt Lake City, UT Criminal Defense Lawyer

When a Davis County, UT drug crimes attorney from Collins Rupp, P.C. challenges Brady violations, the court may grant a new trial where the prosecution does not have the chance to present the now-disclosed evidence again. There could be a reversal of the conviction, especially if the withheld evidence was crucial to the case.

In some instances, the court may dismiss all charges due to a Brady violation. Attorney Rupp and Attorney Collins have unique backgrounds that translate into benefits for their clients. They will work aggressively on behalf of each client to achieve the best possible outcome. Call 385-777-2753 to schedule your free consultation today.