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Probable Cause Federal

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dman1234

New member
What happens to the rest of the evidence if the probable cause evidence during trial I was found not guilty. How do I address this on the appeal level
 


Taxing Matters

Overtaxed Member
What happens to the rest of the evidence if the probable cause evidence during trial I was found not guilty. How do I address this on the appeal level
If the evidence was inadmissible then you or your lawyer should have filed the appropriate motion before trial or, if the issue didn't come up until the trial started, you or your lawyer should have made the proper objection at the time the prosecutor sought to introduce it. So did either of those things happen? In what state did this occur and was it state or federal court?

If the evidence was suppressed and not presented to the jury then that issue is moot now. The jury didn't hear it so it would not have impacted the jury's verdict.

If you were found not guilty at the trial, then there is nothing for you to appeal. You won the case, and the state generally cannot file an appeal of a not guilty verdict.
 

quincy

Senior Member
What happens to the rest of the evidence if the probable cause evidence during trial I was found not guilty. How do I address this on the appeal level
Just because this information is requested of all posters, what is the name of your state, dman1234?

Are you facing a civil action now?
 

zddoodah

Active Member
Without any factual context whatsoever, your question makes virtually no sense. Also...


What happens to the rest of the evidence if the probable cause evidence during trial I was found not guilty.
This sentence is grammatically unintelligible.

Are you asking what happens to physical items that were offered and/or admitted as evidence once the case is over? If so, what sort of items are you talking about?

How do I address this on the appeal level
Address what? If you were found not guilty, why would you be seeking to do anything at "the appeal level"?
 

quincy

Senior Member
The same evidence that failed to lead to a conviction in a criminal trial potentially could be used in a civil action.
 

ALawyer

Senior Member
This is something you should discuss with the lawyer who successfully defended you at trial as s/he would be in the best position to give you advice.

Assuming that you are not a high priority target of multiple law enforcement authorities (think Al Capone), or the evidence is not needed/wanted for prosecution of others, it all depends on the nature of the evidence, who was handling the prosecution, whether state charges are a possibility (if the prosecution was in federal court) of federal charges are possible (if the prosecution was in state court). Normally after an acquittal evidence is eventually discarded or if requested, made available for return to the person from whom it was obtained, if that person wants it.
 

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