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  1. #1
    HLR
    HLR is offline Junior Member
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    Question Missing Evidence in Criminal Case

    What is the name of your state? FL

    Am looking for case laws pertaining to missing evidence in criminal cases. My son accepted a plea bargain in a criminal case. A videotaped deposition given by the alleged victim was never provided to the defense. Only after the plea bargain was accepted was it revealed in court by the prosecutor that the video was indeed missing and that he never viewed it. Does anyone know of any criminal cases where a sentence was reduced/dismissed based on something like this?What is the name of your state? FLWhat is the name of your state?
  2. #2
    FlyingRon is offline Senior Member
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    Quote Originally Posted by HLR View Post
    What is the name of your state? FL

    Am looking for case laws pertaining to missing evidence in criminal cases. My son accepted a plea bargain in a criminal case. A videotaped deposition given by the alleged victim was never provided to the defense. Only after the plea bargain was accepted was it revealed in court by the prosecutor that the video was indeed missing and that he never viewed it. Does anyone know of any criminal cases where a sentence was reduced/dismissed based on something like this?What is the name of your state? FLWhat is the name of your state?
    Unless there is something likely to be on the deposition that would clear your son, there's not likely an recourse. Your son stood before a judge and swore under oath to the judge he had committed the offense in order to get the plea bargain.
  3. #3
    seniorjudge is offline Senior Member
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    Quote Originally Posted by HLR View Post
    What is the name of your state? FL

    Am looking for case laws pertaining to missing evidence in criminal cases. My son accepted a plea bargain in a criminal case. A videotaped deposition given by the alleged victim was never provided to the defense. Only after the plea bargain was accepted was it revealed in court by the prosecutor that the video was indeed missing and that he never viewed it. Does anyone know of any criminal cases where a sentence was reduced/dismissed based on something like this?What is the name of your state? FLWhat is the name of your state?
    [url]http://forum.freeadvice.com/showthread.php?t=261528[/url]

    [url]http://forum.freeadvice.com/showthread.php?t=260131[/url]

    Is this the case that you have already double posted about?
    There are two rules for success:

    (1) Never tell everything you know.

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