Q: If a house is knocked down 5 days after a fire is that spoilage of evidence?
The home was knocked down before defendant had a lawyer and couldn't have the chance to have a private investigator go over the states claims and evidence
A: It could be spoliation of evidence and a judge would have to decide this issue. But of course the state will allege that the house was unsafe and in the public interest and safety the house had to be knocked down. I suggest that if your charged with a crime that you hire yourself the best lawyer you can find as you only get one chance to win at trial.
A: That all depends on who called for the structure to be knocked down and why. Part of my practice involves investigating fire claims for insurance companies. I've seen many fire experts make determinations on cause and origin long after the site was compromised. Retain counsel and an expert immediately. Your counsel will know the experts.
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