Legal Question in Criminal Law in Florida
evidence tampered prior to defendent's lawyer viewing
Upon my arrest for petit theft, I watched the tape with the arresting officer, the only ''evidence'' other than his written report on what he saw. My lawyer recvd a letter from the sheriff's office that this tape ( I think prosecutor viewed) has been damaged and can not be used in any means for evidence. My attorney is trying to get it dismissed since he has not seen it. Believe it or not, seeing the tape actually shows reason to believe I am innocent and I am not thrilled it was lost. The officer's arrest was based on tape. If I had an attorney present, I would have never gotten arrested. We are 9 months into this with constant continuances and now a calander call is the next step. Are there possibilities of a case based on the officers report, even though it was incomplete!! thanks!
getting tired in palm beach county
1 Answer from Attorneys
Re: evidence tampered prior to defendent's lawyer viewing
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Since you are represented by an attorney in this matter, your questions should be directed to that party. The attorney is most familiar with all of the details and is the only person who can provide a responsible answer.
Scott R. Jay, Esq.
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