Legal Question in Criminal Law in Colorado
Withholding evidence
My husband had knowledge of a incriminating video tape in a case against his brother. He did not tell anyone he had it, or it exsisted. He was not a witness in the case and never spoke to prosecutors or police. His brother was aquitted. Can he be charged with withholding evidence now if he turns it over to police for possible new case?
2 Answers from Attorneys
Re: Withholding evidence
doubtful, he was under no obligation to produce it and he did not destroy it
what is on the tape? is it a crime to possess the tape???
what is the new case?
Re: Withholding evidence
Your husband had no obligation to produce evidence for the prosecution, so long as he wasn't actively obstructing justice. He may bring evidence forth in a new case, without legal consequence, unless it somehow involves him in the new crime.
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