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If a key piece of evidence is lost by the prosecution.

Weaverville, NC |

Is that grounds for a dismissal or appeal upon conviction.

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Attorney answers 1


Would need very specific facts concerning this issue to provide any definitive answer, so I'll try a general answer. Evidence lost by the prosecution (or defense for that matter) is not the equivalent of it never having existed. Witnesses who are competent to testify to the fact of the evidence can normally do so. The inability of the prosecution to produce the actual piece of evidence will go to the weight given the fact finder (jury or judge) to that evidence. So, for example, if the lost evidence was spent cartridge cases from 38 cal. bullets that had originally been found at the crime scene but were lost before trial, that would not preclude the police officer who found the at the scene fro testifying to that fact. The state's inability to produce the actual brass casings would be argued by the defense as casting doubt on the officer's testimony about what he had found. Their absence from the trial would not preclude the officer's testitmony about recovering those items.



The evidence was a shop rag that contained the items i was found guilty of. the items were supposedly put under my seat by me.



Felony possesion of methanphetimine .misd. para. Two pipes two straws a shop rag that the prosecution lost and said drug. 8 grams including bag. These said items were supposedly put under my seat by me. These items were demonstrated by an officer using different shop rag outside with the jury. The vehicle was the assistant DA's that was the right yr but not a sportmodel

William A. Jones Jr.

William A. Jones Jr.


With the added context, my impression remains the same. Testimony about physical evidence that police had at one time (or should have had at one time) but are unable to produce for trial is a matter that goes to the weight assigned to is by the jury not its admissibility. It is possible I might think otherwise were I completely familiar with the facts of the case. In any event, it seems most important at this stage that you be discussing your post-trial remedies with an experienced criminal defense attorney. If trial counsel is unable or unwilling to continue to represent you, or if you no longer want that attorney's assistance, then you need to make arrangements to hire new counsel immediately. Important time limitations apply to the remedies available after a conviction. Good luck.

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