Title: Preserving Evidence in Criminal Cases | Justia
Headings: Preserving Evidence
Preserving Evidence
Types of Evidence to Preserve
Motions to Preserve Evidence
Agencies Responsible for Preserving Evidence
Consequences of Losing or Destroying Evidence

Content: If the issue does not arise until after a conviction, an appellate court might overturn the conviction and order a new trial. Proving bad faith requires showing intentional misconduct by the government, rather than mere carelessness. A failure to follow procedures can suggest bad faith, but it is a challenging standard to meet. Proving that the evidence was material requires showing that the government should have known that the evidence was exculpatory. The defense also needs to show that no other available evidence could have served the same purpose. If the prosecution usually preserves the evidence that was destroyed, or if it had planned to analyze this evidence, this suggests that it knew that the evidence was material. Last updated May 2019
Criminal Law Contents
Criminal Law
Aggravating and Mitigating Factors
Bail and Bonds
Restitution for Crime Victims
Plea Bargains
Immunity for Testimony
Offense Classification
Common Criminal Defenses
Criminal Procedure
Admissibilty of Evidence
Criminal Appeals
Motions for a New Trial
Competency to Stand Trial
Continuances
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Deportation/Removal
Miranda Rights
Police Stops on the Street
Right to Record Police Officers
Arrests and Arrest Warrants
Other Constitutional Rights
Right to a Speedy Trial
Right to a Public Trial
Double Jeopardy
Discovery in Criminal Cases
Interviewing Prosecution Witnesses
Preserving Evidence
Hearsay in Criminal Cases
Stages of a Criminal Case
Stages of a Criminal Trial
Search Warrant Requirement
Search and Seizure Rules
Types of Criminal Offenses
Other Alcohol-Related Crimes
Parole and Probation
Expungement and Record Sealing
Lesser Included Offenses
Mental State Requirement
Derivative Responsibility for Crimes
Working with a Criminal Lawyer
Criminal Law FAQs
Domestic Violence Restraining Orders Forms: 50-State Resources
Find a Criminal Law Lawyer
Criminal Law
Aggravating and Mitigating Factors
Bail and Bonds
Restitution for Crime Victims
Plea Bargains
Immunity for Testimony
Offense Classification
Common Criminal Defenses
Criminal Procedure
Admissibilty of Evidence
Criminal Appeals
Motions for a New Trial
Competency to Stand Trial
Continuances
Judgments of Acquittal
Joint Trials
Deportation/Removal
Miranda Rights
Police Stops on the Street
Right to Record Police Officers
Arrests and Arrest Warrants
Other Constitutional Rights
Right to a Speedy Trial
Right to a Public Trial
Double Jeopardy
Discovery in Criminal Cases
Interviewing Prosecution Witnesses
Preserving Evidence
Hearsay in Criminal Cases
Stages of a Criminal Case
Stages of a Criminal Trial
Search Warrant Requirement
Search and Seizure Rules
Types of Criminal Offenses
Other Alcohol-Related Crimes
Parole and Probation
Expungement and Record Sealing
Lesser Included Offenses
Mental State Requirement
Derivative Responsibility for Crimes
Working with a Criminal Lawyer
Criminal Law FAQs
Domestic Violence Restraining Orders Forms: 50-State Resources
Find a Criminal Law Lawyer