QUESTION
Should I have my attorney request a destroyed evidence motion?
Asked on Jul 26th, 2013 on Criminal Law - Rhode Island
More details to this question:
I am facing vehicular homicide; the two corvettes that were in the accident have been destroyed. I have received a compact disc of pictures taken at the scene and at salvage yard where cars were taken. Upon reviewing the compact disc it is very apparent that my back brakes blew causing my car to speed forward as if on a sheet of ice. The pictures show brake fluid tracks down highway. With the cars now destroyed there is no way of having cars inspected which I believe would help in my defense. Help with this is greatly appreciated thank you.
8 ANSWERS
Ronald A. Steinberg
The destroyed evidence motion is used when one of the parties to the lawsuit has control of the evidence, and while under their control it gets destroyed. I do not think it applies here.
Answered on Aug 24th, 2013 at 10:06 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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This is something that you need to discuss with your attorney, since he is familiar with your case and has more information than you provided here.
Answered on Jul 31st, 2013 at 9:49 PM
4 Awards
Your attorney has the most knowledge of your case.
Answered on Jul 31st, 2013 at 9:49 PM
Michael J. Breczinski
Yes I would make a motion to try to dismiss since the evidence is destroyed.
Answered on Jul 31st, 2013 at 9:49 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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This is a criminal law question. Ask your own lawyer.
Answered on Jul 31st, 2013 at 9:49 PM
Thomas Edward Gates
Since you are represented by counsel, no advice can be given.
Answered on Jul 31st, 2013 at 9:49 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Since you have an attorney who knows far more about the fact of your case than I do, I am not going to second guess the decisions he/she makes.
Answered on Jul 31st, 2013 at 9:49 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Isn't this what you hired your lawyer to do? Raise hell about the destroyed evidence.
Answered on Jul 31st, 2013 at 9:49 PM