Evidence is everything in a criminal case. The police and prosecutors need to produce enough evidence to prove their case beyond a reasonable doubt to convict you. Without it, they may be unable to prove anything. But sometimes they lose evidence that would help you.
If the prosecution loses or destroys evidence that would have hurt your case, then they don’t have it to use it against you. If they lose too much evidence, then you might win because of that. The prosecution also has to turn over all “exculpatory evidence” – evidence that tends to prove innocence. If they fail to, or they lose or destroy it, this can lead to sanctions against the lawyers and potential benefits to your case.
For help with your criminal case, contact the NJ criminal defense lawyers at the Law Offices of John J. Zarych today at (609) 616-4956.
What Happens if Police Lose or Destroy Evidence of Guilt?
Police and prosecutors – which we will put under the umbrella of “the prosecution” – have to provide evidence of what you did. If they can’t, they simply cannot win their case.
Burden of Proof
Criminal cases have a “burden of proof” that the prosecution must meet to convict you. This requires proving “beyond a reasonable doubt” that you committed every element of the crime you were charged with.
Burden of Production
They also have the “burden of production,” meaning it is up to them to find and provide evidence of guilt. If they cannot provide enough evidence to meet the burden of proof, they lose their case.
Loss and Destruction
If the prosecution was the one to lose or destroy evidence of your guilt, then they don’t have it for trial. If they can’t produce it, they lose the case.
This is sometimes called “spoliation.”
Other People’s Fault
If other people destroyed or lost evidence, they might be charged with a crime for it. There may also be ways for the police to argue that evidence the defendant was witnessed destroying would have hurt the defendant’s claims, and they may be able to get a jury instruction to that effect.
We discuss this more below when the situation is flipped and the prosecution is the one destroying evidence.
What Happens if Police Lose or Destroy Evidence of Innocence?
The prosecution also has to turn over evidence of innocence so that you can use it in your case. When they fail to, it can be a serious constitutional violation.
Exculpatory Evidence
Evidence that tends to prove the defendant’s innocence is known as “exculpatory evidence.” Contrast this with evidence of guilt, which is called “inculpatory evidence.”
“Material” Evidence Only
The rules discussed here only truly matter for “material” evidence – that is, evidence that can actually sway the jury. Minor facts and tidbits of evidence might not be impactful enough for any consequences if the evidence is lost or destroyed.
Brady v. Maryland (1963)
A U.S. Supreme Court case called Brady v. Maryland set an important standard for the prosecution to turn over exculpatory evidence in their possession. This includes evidence in possession of the police. Failing to do so violates the Fourteenth Amendment’s Due Process Clause.
Similar cases have reinforced this rule, whether evidence was withheld, lost, or destroyed.
Examples
Exculpatory evidence is sometimes a bit difficult to understand. It essentially encompasses anything that could be used to show the defendant didn’t commit the crime. This could be obvious evidence, such as
- Security footage of the defendant in a different place.
- Security footage of a different person doing the crime.
- A confession that someone else did the crime.
It can also be subtle evidence that might just suggest that it was someone else or that other evidence is weak:
- Lab results saying that a blood test was “inconclusive.”
- Records of a second police lineup where the victim identified a different perpetrator.
- Records of a police officer paying a witness for their testimony.
Remedies
If the prosecution is found to have withheld, lost, or destroyed evidence on purpose, they can face sanctions or punishments for this. Worse punishments are reserved for more intentional misconduct.
- Adverse Inference – The judge can instruct the jury to assume that the evidence that the prosecution destroyed would have hurt the prosecution’s case and helped the defense. g., if they destroyed security camera video of the crime, the jury can be told to assume it would have shown it wasn’t the defendant.
- Dismissed Charges – If the loss or destruction of evidence shows serious misconduct, the prosecution may be punished by having the charges dismissed entirely.
How Does Evidence Go Missing in a Criminal Case?
Evidence can go missing because of innocent reasons, poor policies or practices in a police department, or outright corrupt and bad-faith practices on the part of police or prosecutors. Usually, evidence loss or destruction happens because of one of these issues:
Chain of Custody Issues
If someone fails to sign out or sign in a piece of evidence properly, the notations about who had it when become inaccurate and messy. When this happens, evidence may go missing entirely, or the records surrounding the evidence could be lost.
Missing records for chain of custody might make evidence unusable or unreliable.
Tainted Evidence
Things like drugs, blood samples, and objects being tested in a lab might be tainted through lack of refrigeration, contamination from uncleaned equipment, or other lab mistakes. When this happens, they often need to be destroyed.
Even if it isn’t outright destroyed, tainting evidence like this effectively destroys its usefulness.
Corruption and Misconduct
Police and prosecutors who want to hide evidence might steal, delete, or destroy records. This kind of misconduct can often lead to sanctions, including getting the case dismissed.
Crime
Sometimes criminals are the ones to destroy evidence. Often, defendants destroy evidence before the police seize it, which may be charged as a separate crime. Other times, they ask accomplices to destroy evidence after they are arrested.
FAQs for Lost and Destroyed Evidence in Criminal Cases in NJ
What if Evidence is Destroyed?
If a person destroys evidence, it can often be charged as a separate crime. If either side does it during a case, then they can potentially be sanctioned by the court for making it unavailable for trial.
Does it Matter Who Loses Evidence?
Yes. If the party that would have been helped by the evidence is the one to lose it, then the other side might be able to ask for remedies, such as an adverse inference. This cuts off any advantage they got from making the evidence unavailable.
If the party that needed the evidence was the one to lose it, they simply can’t use it because they don’t have it.
What if You Find Out About Destroyed Evidence After Conviction?
If you find out later that evidence that would have helped you was lost or destroyed, then that is often grounds for an appeal. Usually, this is a post-conviction relief appeal, not a direct appeal.
Call Our Criminal Defense Lawyers in NJ Today
For a free evaluation of your case, call the Law Offices of John J. Zarych’s Atlantic City criminal defense lawyers at (609) 616-4956.
