Legal Question in Criminal Law in California

Criminal

I had a forensic pathologist that stated he was told to tamper with dna evidence.what do I do


Asked on 6/27/09, 3:02 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Re: Criminal

What you state is very serious. If true, it is a crime of tampering with evidence, a Felony. I don't have enough info to tell you what to do, other than to say, If, true, it needs to be addressed by law enforcement, and investigated. I hope it's not true. Thank you for the question. You can ask further questions or visit my website at www.wallinlaw.com

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Answered on 6/27/09, 4:28 pm
Brian McGinity McGinity Law Office

Re: Criminal

First, it is a very serious crime to tamper with evidence. Neither the defense or the Prosecution want evidence either manufactured or hidden.

Next, if this is true, it has probably happened before and will more than likely happen again. Law Enforcement and the District Attorney's office need to be informed. However, that does not mean you must go directly to the authorities and make the allegations. Since there are no facts to explaining under what circumstances this has occurred let me make a couple of suggestions.

If this is a pending case, and the defendant is represented by an attorney take this information to the defendant's attorney. They will know what to do. If this is a past case where sentencing has already occurred then again I suggest you take the information to the defendant's attorney and fully explain the entire situation and let them take it from that point. If this is your case, and you have an attorney, then I strongly suggest you tell your attorney all the facts surrounding the situation and your attorney will address the situation and know what to do. If the circumstances I have explained do not cover the situation then I suggest you consult with a defense attorney and get legal advice on how to approach the situation. The consultation will probably not cost you anything once the attorney knows what it is about and it is imperative the court be informed about it. Good Luck.

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Answered on 6/27/09, 5:11 pm


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