Lake Arrowhead, CA asked in Criminal Law for California

Q: If the prosecutor tampered with the video and the most crucial part is missing can the case be dismissed

Dealing with the murder case the prosecutor gave the defendant clips of the video showing the assault on actual self defense case at the most crucial part is missing approximately 30 seconds

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1 Lawyer Answer
William M. Weinberg
William M. Weinberg
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: While I imagine this is tough to prove the defense would want the court to entertain a motion to dismiss and a mistrial. Prosecutorial misconduct is serious and it' s not easy to prove, either. But I would pursue it if the facts are there.

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