Legal Question in Criminal Law in Florida

spoliation

I am involved in a criminal

proceeding in which I have filed a

notice to preserve evidence to a

business for a video of the incident

and employee logs. None of which

were turned over. I am asking

whether filing a motion of spoliation

of evidence against the state would

be justified; considering that they

have the responsibility to provide

evidence and investigate the matter

fully.


Asked on 4/26/08, 1:19 am

1 Answer from Attorneys
Brandon Kolb Kolb, Cintron, & Associates

Re: spoliation

You should speak with an attorney about representing you. The State is required to preserve any evidence it collects, but it is not required to investigate in any particular manner, or to gather any particular evidence. The primary requirement is that they preserve and disclose any evidence that it actually collects. With video tapes made by alleged victims, the issue is whether the evidence was ever in the State's possession. You need to find out if law enforcement ever took possession of the tape. If they did, and then gave it back to the victim, you may have a discovery violation.

Get an attorney. Discovery rules are very technical and it is not a good idea to try to defend yourselve based on technicalities if you don't have legal experience.

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Answered on 4/27/08, 10:15 pm


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