Certification Request while Pending Court Case

Requests for U Visa Law Enforcement Certifications are considered Brady material pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and cases following. The impact of this is as follows:

­ If you request a U Visa Law Enforcement Certification from LAPD while a criminal case is open, the request and any disposition of the request will be disclosed to the prosecutor’s office who will have to share the information with criminal defense counsel. Prosecution will do their best to keep the information from being admitted at trial, but that is up to the Court hearing the matter. If admitted, it is likely that you or your client will be cross-examined by defense counsel regarding the request.

­ If you provide information to the Los Angeles Police Department to accompany your request for a U Visa Law Enforcement Certification such as declarations, letters, etc., that information may have to be disclosed to the defense as part of the discovery obligations.
(See California Penal Code Section 1054.1.)