If evidence favorable to the defense of a criminal case has been destroyed by the prosecution, you may be able to have the charges against you dismissed. The willful and intentional destruction of exculpatory evidence by the prosecution will provide you with favorable grounds for filing the motion for dismissal. The Due Process Clause the United States Constitution guarantees all criminal defendants the right to present a vigorous defense against criminal charges. Without the evidence, due process has been denied. If the destruction of the evidence was accidental or the missing evidence is unlikely to create reasonable doubt in your case, the motion for dismissal will be denied. The destruction of evidence by the prosecution may provide you with the "'Best Defense."
If evidence favorable to your case has been destroyed by the prosecution, you will need to hire a skilled and experienced criminal defense attorney. Call Robert J. Shane at (612) 339-1024 or visit his website for more information on the destruction of evidence at http://www.criminallawyerminnesota.com.