Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Evidence Requirements: Learn the Rules for How the Government Can Handle Criminal Evidence

When the government collects evidence during a criminal investigation, and when they use it during a prosecution, they have a duty to preserve it. This is part of your rights of due process and a fair trial, which were given by the Sixth and Fourteenth amendments to the constitution. They must also disclose what evidence they will be using against you. Keep on reading to learn more about the evidence they must preserve, and then call Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation with a criminal defense attorney.

Law Enforcement Does Not Have to Preserve All Evidence

It is not a requirement for law enforcement to preserve 100% of the evidence they collect – they are only required to save evidence that is expected to be significant to the defense. This includes material evidence, which is directly relevant to the case, and exculpatory evidence, whish is favorable to the defendant and may clear them from guilt.

Alibi Evidence Should Always Be Preserved

Labeling evidence as exculpatory or material can vary based on the case but in most cases, alibi evidence is always material and exculpatory. It can include things like witness statements that put the defendant anywhere other than the scene of the crime, and it can include forensic evidence that the defendant could not have committed the crime.

More About Other Types of Evidence

While every case is unique and your attorney will work to protect the evidence for your defense, there are other categories of evidence that are often handled differently.

  • Crime scene evidence. There are specific laws about the collection and preservation of crime scene evidence, such as photos and blood samples.
  • Tape recordings and video. The police are generally not required to record statements, but if they then said recordings must be preserved.
  • Notes. Officers and investigators are required to preserve their notes only if they were made while the defendant was being interrogated or if the notes contain exculpatory evidence.
  • Emergency all recordings. Any calls to 911 involving the case must be preserved and disclosed to the defendant.

If you have questions about other types of evidence and how they must be preserved, contact a criminal defense attorney for more information.

Are You Facing Charges? Contact an Attorney Today

If you are facing charges, or have been accused of a crime, then your next call should be to a criminal defense attorney. No matter what the specifics are, you need an attorney on your side. At Law Office of Michael L. Fell we are here to listen to your case, consider the evidence, and offer a free legal consultation. Contact us now at (949) 585-9055 to get started.