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Missing Evidence in Criminal Case

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HLR

Junior Member
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?
 


FlyingRon

Senior Member
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.
 

seniorjudge

Senior Member
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?
https://forum.freeadvice.com/showthread.php?t=261528

https://forum.freeadvice.com/showthread.php?t=260131

Is this the case that you have already double posted about?
 

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