Brady is the rule that the State cannot win by hiding what helps you. Favorable, material evidence must be disclosed — whether or not the defense asks for it, and whether or not the prosecutor personally believes it matters.
The part prosecutors most often get wrong
The duty is not limited to what sits in the prosecutor’s own file. Evidence known to anyone on the prosecution team, including the investigating police agency, is imputed to the State. A detective’s candid assessment in a police email is squarely within that reach.
Why it matters at plea, not just at trial
The overwhelming majority of cases end in a plea. A defendant deciding whether to accept an offer is making a decision priced entirely on the strength of the State’s case. Favorable evidence withheld before that decision distorts the price directly.
The documented example
On August 11, 2022, the lead detective emailed a Lake County prosecutor that the lab listed substances without amounts and that proving DUI drugs would be difficult. The plea was entered in September 2025. Whether the substance of that assessment was disclosed is documented in the detective’s email.