Legal Question in Criminal Law in California

if in the discovery on different pages it states 2 different officers turned in the same piece of evidence on different days & times.Is that piece of evidence any good?

Asked on 1/24/13, 1:26 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Evidence could be challenged but probably admisdible. The credibility can certainly be attacked and could be discredited.

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Answered on 1/24/13, 3:39 pm

Philip Hache Law Office of Philip D. Hache, A Professional Corporation

I concur with Mr. Green. If there is one piece of evidence (whatever it is), and two different officers claimed to have turned that evidence in on two different days, then the evidence credibility, and the officers credibility can be attacked. Further, there could be chain of custody issues with the evidence, for example if the evidence is something like a blood sample.

Note that sometimes for one reason or another, evidence may be removed from the evidence locker by an officer and put back in. That can create some issues, and should have a proper chain of custody establishing when the took it out and returned it to the evidence locker. I am speculating on different scenarios. You should really speak to a criminal defense attorney in your area about your case in more detail.

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Answered on 1/24/13, 10:46 pm

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