Legal Question in Criminal Law in South Carolina
Evidence Tampering
I am facing criminal charges,If the evidence from a video tape will exonerate me and it is either tampered with are comes up missing,will the charges be dropped are thrown out?
Asked on 3/29/07, 9:07 am
1 Answer from Attorneys
Robert Johnston
Law Offices of Robert J. Johnston
Re: Evidence Tampering
If it could be shown that the evidence was tampered with, then that would certainly be grounds for your lawyer to move for a dismissal. But it depends on how strong of a showing is made. The prosecution, police, State, etc., have an obligation to preserve any and all evidence whether it is in their favor or yours. I would need to know more about the details of the case to make a prediction. There are way to having certain evidence immediately seized and preserved, so act quickly and get an attorney. Good luck.
Answered on 3/29/07, 9:18 am