Legal Question in Criminal Law in Minnesota

Destruction of evidence

can a criminal case be thrown out of court when law enforcement destroys evidence that could have been fingerprinted and used to prove government agents and officals had a hand in setting up a meth lab ???


Asked on 12/13/08, 4:30 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Destruction of evidence

The answer is not a simple one. It would require a full review of the case.

Certainly, the destruction of critical evidence may be a basis for a Motion to suppress other evidence or testimnony and in cases where the evidence was clearly necesssary, to dismiss the case depending on the particular facts.

For a consultation call 612.240.8005.

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Answered on 12/14/08, 12:49 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Destruction of evidence

Can one be dismissed by a judge? Yes, it's possible. Whether it would actually happen would depend upon numerous other factors, however. The most important factor is whether you have a good defense attorney, like me. Other important factors would include how much other evidence they have, what evidence the defense has that the government misconduct was wilful, etc.

FFI: http://www.liberty-lawyer.com

http://www.liberty-lawyer.com/drugcrimecharges/drugstatutesmn.html

or call me.

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Answered on 12/15/08, 12:27 pm


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