Your case is missing evidence that should be there but is not. What gives?
It's not unusual in a criminal case to find that evidence which may help the defense and should be there is missing. The prosecution does not have a duty to collect evidence favorable to the defense but if it discovers such evidence it has a duty to preserve it. What if important evidence in your case goes missing?
Proving up a Youngblood/Trombetta Motion
In order for the defense to seek sanctions due to missing evidence it must show two things under the Youngblood/Trombetta cases. First, if the prosecution has destroyed evidence, the evidence must have been material and secondly the prosecution must have acted in bad faith. Material evidence generally means exculpatory evidence.
While these motions are hard to win and will not necessarily get a case dismissed the judge may let the defense produce evidence to the jury that the prosecution knowingly destroyed evidence which would have helped the defendant. This can mean the difference between a defense win and loss.
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