Legal Question in Criminal Law in California

What happens if the evidence was destroyed in an attempted murder case?


Asked on 6/13/10, 8:40 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Depends on who destroyed it. If it was you, congratulations! If it was the police, there is a type of motion called a Trombetta/Youngblood motion. The defense attorney you retain will have heard of this.

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Answered on 6/14/10, 12:12 am
Edward Hoffman Law Offices of Edward A. Hoffman

The answer depends in part on the procedural posture of the case. If it was tried years ago and the appeal is already over, then the answer will be different from what it would be if the case hasn't gone to trial yet. There are so many possible scenarios that I can't answer your question without more facts.

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Answered on 6/14/10, 12:56 pm


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