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Loss of Evidence Leads to Dismissal of Charges

There is a host of reasons for criminal charges being dismissed, and misconduct by police officers is one of them. From investigators who don’t testify truthfully, to officers who place or destroy evidence, there has been a host of instances where misconduct by law enforcement has led to wrongful convictions. A clear example of such misconduct is going on right now in Braintree, Mass. where large stashes of guns, cash, and drugs have gone missing from the police department’s evidence room.

Drug Cases Dropped Because of Missing Evidence

In early September, three men facing drug charges had their charges dropped and cases dismissed within minutes because of the missing evidence. They were the first of what’s expected to be hundreds of cases to be dropped because of the police misconduct. Speaking to the judge, District Attorney Deb Curley said, “Where’s there’s any indication that evidence is compromised or mishandled, the Commonwealth will not proceed to trial.”

Improper Handling of Evidence Can Occur Easier Than You Thought

The potential for mishandling of evidence is not confined to the evidence room. Law enforcement officers are often the first responders to a crime, and because they’re human, mistakes can happen while gathering, preserving and documenting evidence. Sometimes, the evidence is purposely mishandled. The reasons vary but include officers trying to cover up for initial mistakes made earlier in the investigation and trying to build a stronger case against a suspect they view as being guilty.

Facing Criminal Charges? You Need Someone On Your Side; Call The Oswalt Law Group

Whether or not you’re guilty of the charges against you, there’s no question that you need skilled legal representation in the courtroom. It’s the job of a criminal defense attorney to raise reasonable doubt in the minds of jurors about your guilt, and one way of doing that is thoroughly examining the collection process and care of any evidence to be used against you. If you’re facing criminal charges, we urge you to call us here at The Oswalt Law Group. There’s never a charge for the initial consultation. Our number is 602-225-2222.

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