Legal Question in Criminal Law in California

Husband is arrested for an alleged rape of a minor. Police got his phone and found naked pictures of my sister who is also a minor. He explained that police can lie to me about evidence and even doctor photos. One photo in his phone shows his reflection off my sister's phone while he takes a picture of it. I dont believe him but I want to rule out the chance that the police aren't falsifying evidence w photoshop. They already seized the phones illegally and I dont know if this is a common tactic used to turn people against the defendant???


Asked on 9/27/18, 8:33 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

It is exceedingly rare that police are proven to have 'doctored' evidence like he says. They will tell you that they have better things to do with their time, like catching other people, which is true. Forensic examination by an expert can readily determine if electronic evidence was altered. While I am duly suspicious of prosecutors and police, it is because they are sometimes found to withhold evidence that helps defendants, and to 'misquote' confessions and statements to suit their purposes. Also, he will have to explain his claim that the phone was 'illegally seized'.

Your husband needs a good experienced defense attorney immediately, and hopefully he has not already made any statements that violate the "shut your mouth and let your attorney speak for you" rule. If serious about hiring counsel, feel free to contact me at 714-960-7584.

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Answered on 9/27/18, 9:12 am


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