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4 Requests a Defendant Can Make If Case Evidence Is Lost

iStock_000052748228_Small Knowing that it is the legal obligation and responsibility of law representatives to preserve crime scene evidence should give us confidence. However, there have been cases in which material evidence, that which is crucial to the outcome of a criminal case, has been lost or destroyed. Thankfully, there are laws in place to protect a defendant from such occurrences.

According to the law, the defendant is required to provide proof that the evidence was lost in bad faith and that it was indeed material evidence. What if a defendant can’t prove this? Is there anything that can be done? And what happens to people who are accused of losing evidence in bad faith?

4 Requests That Can Be Made By the Defendant If Relevant Case Evidence Has Been Lost or Destroyed

When a defendant can’t prove that evidence has been lost or destroyed in a malicious or deceitful manner, there are four possible requests they can make to protect themselves from a detrimental outcome. These include:

  1. Ask that all related evidence be suppressed in their case.
  2. Request that all testimony regarding the missing case evidence be limited or even excluded.
  3. Ask the court that the case be dismissed.
  4. When case evidence surfaces after a conviction has been made, the defendant can request an appeal or that their conviction be overturned.

If you are interested in pursuing any of these courses of action, discuss the matter with your attorney. They will have more information regarding how to proceed in a way that will benefit you and your case the most.

An Explanation of the Spoliation of Evidence

One of the things a defendant has to prove to the court is whether the material evidence was lost as a result of bad faith or not. In other words, was there malicious intent involved? This information is pertinent even after a case has been closed. If material evidence ever resurfaces, an investigation can be made to figure out what happened—why the case evidence was lost and if there was bad faith behind the loss or not.

Bad faith falls under a category called spoliation of evidence. According to the Wikipedia definition, spoliation of evidence is the intentional and negligent withholding, destruction or tampering of case evidence. Such actions are considered a perversion of justice, an obstruction of justice and contempt of court. For these there are very serious consequences, including steep fines and even incarceration.

Getting the Right Attorney for Your Criminal Defense Needs

The idea of dealing with something like lost or destroyed evidence on your own or with an incompetent attorney can be a scary thought. You can avoid ever having to deal with such a situation by hiring the right attorney for your needs from the start. If you’re facing a criminal case and need legal representation, contact the law office of John C. Fitzpatrick. We believe everyone deserves a fair trial and work hard to ensure this is exactly what our clients receive.

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Expungements: Clearing Your Record for a Fresh Start

October 9, 2024
A criminal record can create significant barriers to employment, housing, and other opportunities. However, in many cases, you may be eligible to have your record cleared through an expungement. This legal process allows you to move forward without past mistakes continuing to hold you back. What is an Expungement? Expungement is the legal process of sealing or erasing a criminal conviction from your record. Once expunged, the conviction will no longer be visible to employers, landlords, or other entities that conduct background checks, providing you with a clean slate. Who is Eligible for Expungement? Not all criminal convictions can be expunged, but many misdemeanor and some felony convictions may qualify. Factors that influence eligibility include: The nature of the offense. The amount of time that has passed since the conviction. Whether you’ve completed your sentence and any related conditions (e.g., probation). I can review your case to determine if you are eligible for expungement and guide you through the process. The Benefits of Expungement Clearing your criminal record can open up new opportunities in life, including: Employment: Many employers conduct background checks, and an expungement allows you to answer "no" when asked about prior convictions. Housing: Landlords often reject applicants with criminal records, but an expungement removes this barrier. Peace of mind: Removing past mistakes from your record can help you move forward without the stigma of a criminal conviction. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. at 919-683-9500 or send a message online with your legal questions.
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Wills: Planning for the Future and Protecting Your Loved Ones

October 9, 2024
A will is a cornerstone of any solid estate plan. It allows you to dictate how your assets will be distributed after your death, ensuring that your loved ones are provided for and that your wishes are respected. Without a will, the state may decide how your estate is divided, often leading to unintended outcomes. What is a Will? A will is a legal document that outlines your wishes regarding the distribution of your assets, the care of any minor children, and the appointment of an executor to carry out your wishes. It is an essential tool for estate planning, helping to avoid potential conflicts and confusion after your passing. Why Everyone Should Have a Will No matter your age or financial situation, having a will ensures that your estate is handled according to your wishes. A properly drafted will can: Ensure your assets are distributed to the right people. Appoint a guardian for your minor children. Avoid lengthy and costly probate processes. Prevent family disputes over your estate. Without a will, your estate may be subject to intestate succession laws, which means the state will determine how your assets are divided. This process can be lengthy and may not align with your wishes. The Process of Creating a Will Drafting a will involves more than simply listing who gets what. You’ll need to consider key elements such as: Naming an executor: This person will be responsible for managing your estate and ensuring your wishes are followed. Guardianship for minor children: If you have children under 18, you’ll need to appoint a guardian who will care for them if something happens to you. Distribution of assets: You’ll need to specify who will inherit your property, money, and personal belongings. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. at 919-683-9500 or send a message online with your legal questions.
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Power of Attorney: What It Is and Why You Need One

October 9, 2024
A Power of Attorney (POA) is an essential legal document that gives someone you trust the authority to make decisions on your behalf. Whether for financial matters, healthcare decisions, or legal actions, having a POA in place ensures that your affairs are handled according to your wishes when you’re unable to do so yourself. What is a Power of Attorney? A Power of Attorney grants legal authority to an appointed individual (known as an agent or attorney-in-fact) to act on your behalf in specific situations. The scope of the POA can vary greatly, from limited powers (e.g., handling a real estate transaction) to broad authority (e.g., managing finances or making healthcare decisions). Different Types of Powers of Attorney General Power of Attorney: Gives your agent broad powers to handle your affairs, including financial and legal decisions. Durable Power of Attorney: Remains in effect even if you become incapacitated, ensuring that your agent can continue to make decisions on your behalf. Medical Power of Attorney: Specifically grants authority to make healthcare decisions for you if you are unable to do so. L imited Power of Attorney: Grants authority for specific tasks, such as selling a property or managing a single financial transaction. Each type of POA serves a unique purpose, and it’s important to choose the right one for your needs. Why You Need a Power of Attorney Life is unpredictable, and a sudden illness or accident can leave you unable to manage your affairs. Without a POA, your loved ones may face significant legal hurdles in trying to make decisions on your behalf. A well-drafted POA ensures that your wishes are respected and that the person you trust most is empowered to act in your best interests. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. at 919-683-9500 or send a message online with your legal questions.
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Restraining Orders: Protecting Your Safety and Peace of Mind

October 9, 2024
When personal safety is threatened, a restraining order can be an essential legal tool to protect you or your loved ones. These court orders serve to prevent further contact from an individual who has harassed, threatened, or caused harm. Understanding how restraining orders work, the types available, and the process of obtaining one can be the first step toward safeguarding your future. What is a Restraining Order? A restraining order is a legal injunction issued by a court that restricts an individual from making contact with or approaching another person. Violating this court order can lead to serious legal consequences, including fines or jail time. Restraining orders are often used in cases of domestic violence, harassment, stalking, or other threats to safety. Types of Restraining Orders There are several types of restraining orders available depending on your situation: Emergency Restraining Order (ERO): Typically issued in urgent situations when immediate protection is needed. Temporary Restraining Order (TRO): Provides short-term protection while the case is being reviewed. Permanent Restraining Order: This can be granted after a court hearing and offers long-term protection. Each type of restraining order serves different purposes and requires different legal steps to obtain. As your attorney, I will guide you through the process and ensure your rights are protected. The Process of Filing a Restraining Order Filing a restraining order typically begins with submitting a petition to the court. Depending on your situation, you may need to provide evidence of the threats or abuse you’ve experienced. A judge will review the petition and may issue a temporary order until a formal hearing can be held to determine if a permanent restraining order is needed. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. at 919-683-9500 or send a message online with your legal questions.
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How to Recover from a Vehicle Accident Injury

By firm admin • July 13, 2022
Dealing with a car accident can be overwhelming. Both the physical and emotional trauma of a vehicle accident can cause not only ongoing pain it can also make performing simple every day tasks a challenge. Recovering from a vehicle accident requires patience, there are ways to quicken the healing process and get back to your normal lifestyle sooner by following ... The post How to Recover from a Vehicle Accident Injury appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
A man is sitting in a car looking at his cell phone.

It’s Distracted Driver Awareness Month!

By firm admin • April 4, 2022
The month of April is national Distracted Drivers Awareness month! There are four types of distractions while driving. Visual – looking at something other than the road. Auditory – hearing something not related to driving. Manual – manipulating something other than the steering wheel. Cognitive – thinking about something other than driving. How common are distracted driving accidents? National Distracted ... The post It’s Distracted Driver Awareness Month! appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
A man is sitting in a car being tested for alcohol by a police officer.

What Happens When You Refuse DWI Tests in NC?

By firm admin • March 11, 2022
If a law enforcement officer stops you on suspicion of DWI, refusing to take a breath or blood test may seem like a good way to avoid being charged. However, refusing to take the test can make your situation even worse! You have the right to refuse a breath or blood test in North Carolina. However, refusing a DWI Breath ... The post What Happens When You Refuse DWI Tests in NC? appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
A man is sitting in a car holding a bottle of alcohol.

4 Alcohol-Related Violations That Will Get You into Trouble

By firm admin • February 9, 2022
What you need to know that could cause you to lose your car, license, or job. The following are four common alcohol-related violations that as a result will get you into serious trouble and they are: Giving alcohol to someone who is underage. This includes serving or selling it to someone underage. Purchasing alcohol for underage drinkers. Driving under the influence ... The post 4 Alcohol-Related Violations That Will Get You into Trouble appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
A woman is sitting on the ground talking on a cell phone in front of a damaged car.

Avoidable Mistakes of Victims

By firm admin • January 21, 2022
Accident victims commonly make five avoidable mistakes that affect their court cases. AVOIDABLE MISTAKES OF VICTIMS #1: FAILURE TO CONSULT A LAWYER BEFORE GIVING A STATEMENT TO A ADJUSTER An adjuster will ask you to make a statement after an accident. Typically, adjusters seem kind and understanding. However, the insurance adjuster’s job is to submit a lower claim. Remember that ... The post Avoidable Mistakes of Victims appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
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When can a driver’s license be revoked?

By firm admin • January 11, 2022
A driver’s license can be revoked for many reasons. For example, a conviction for certain offenses. Here are a few offenses that can lead to a revoked driver’s license. Driving while impaired Excessive speeding Refusing to take a breath or blood test when arrested for driving while impaired Accumulating too many driver’s license points for traffic offenses Failing to appear ... The post When can a driver’s license be revoked? appeared first on Law Office of John C. Fitzpatrick | Durham Attorneys | DWI, Criminal Defense, Car Accidents.
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