Legal Question in Criminal Law in California
grounds for evidence dismissal
If evidence booked does not match the the evidence examined by the criminalist, for example weight size and containers is this grounds for evidence dismissal
2 Answers from Attorneys
Re: grounds for evidence dismissal
It may or may not be grounds for dismissal of the charges, depending on many other factors. It may or may not be grounds for rendering the evidence inadmissible, also depending on many other factors. However, it is certainly an area of inquiry which will allow your defense attorney to question the cops about why there are differences between what was seized and what was examined. However, there may be a perfectly innocent explanation of how this could happen, again, depending on many factors not covered here. Consult with a criminal lawyer near you about all this and discuss it fully. If your case is in Los Angeles, call me for a free consultation: 310 393 0639
Re: grounds for evidence dismissal
Steven Mandell's assessment is correct.
The law turns on the facts. So an explanation of small discrepencies, that lum large in the early stages of a case, may be explained away at a hearing or the trial. The problem is always money and limited resources.
Lots of luck.
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