Facing criminal charges can be very exhausting. In some instances, criminal charges can impact your entire future. If you find yourself in such a situation, you need to act fast. The prosecutors in your case are already gathering and preserving evidence to use against you at trial.
However, under the Sixth Amendment to the United States Constitution, every defendant is entitled to know and examine the evidence that will be used against them. This occurs through a legal process called discovery. During the discovery phase of a trial, parties share the evidence they have or know of with the other side.
The law specifically requires the prosecution to provide the defendant with any exculpatory evidence that is materially relevant to the case. Exculpatory evidence is any that can support the defense. This provision is included to ensure fair prosecutions and to discourage prosecutors from bringing cases that are not completely founded.
If you have been charged with any crime, your rights are in jeopardy. Don’t wait another day. Seek legal help right away. An experienced criminal lawyer will evaluate your case, provide you with possible defenses, discuss a plea deal, and make you aware about all of your legal alternatives. Visit our website to learn more.
Evidence to Preserve:
In criminal cases, evidence is collected by law enforcement officers or prosecutorial investigators. The prosecution has a duty to preserve evidence that is material and exculpatory. Common types of evidence that has to be preserved include:
- Investigation Notes:Notes made by the investigating law enforcement officers officers during the interrogation of the accused.
- Audio & Video Recordings:Police officers increasingly wear body cams and their cars are often outfitted with dash cams. Further, much our public life is recorded by security cameras at businesses and other public locations. This evidence must be preserved by police officers.
- Crime Scene Evidence:Evidence from the crime scene such as blood samples, murder weapons, pictures of the surroundings, collected hairs and fibers, and in worst case scenarios, a victim’s body.
- Call recordings:Recordings of 911 emergency calls are routinely part of criminal investigations.
Evidence Preservation by Responsible Agencies:
Generally, it is only the government that has a duty to preserve evidence. Neither private entities nor private persons have a duty to preserve evidence. In addition to preserving this evidence, the government is required to demonstrate a “chain of custody” with all evidence. This is a record of every piece of evidence, where it was found, and who has been in physical control of the evidence since its collection.
Lost, Destroyed, or Unshared Evidence:
If the government loses, destroys, or otherwise fails to share evidence, it is on the defendant to discover this and notify the court. Generally, to prevail on such a claim, the defendant has to show that the government acted in bad faith in losing, destroying, or not sharing the evidence.
Where a defendant succeeds on such a motion, a court may toss out or suppress the evidence in question. However, in severe cases, a judge might dismiss the charges on the basis that the government’s conduct precluded the defendant’s right to a fair trial.
Regardless of the charges you are facing, to secure your rights and make sure all of the exculpatory evidence surrounding your case is preserved, you need the advice of an experienced Criminal Attorney. Our attorneys have years of experiencing defending clients from all manner of criminal charges.
At our office, we understand the severity of criminal prosecutions. We know that your rights and your livelihood is at stake. Accordingly, we will fight at every turn to get you the justice you deserve. Don’t let evidence that could exonerate you slip away. Contact us today.
