Hammond, LA asked in Criminal Law and Car Accidents for Louisiana

Q: Evidence has been destroyed in a Louisiana fatal hit and run before the case had even made it to Pretrial Motions.

Alleged truck involved in a pedestrian hit and run resulting in death was towed to the Louisiana State Crime Lab and processed. Since then the truck was towed back to the tow yard who then released it to the person I was in the process of buying it from. He didn't want it so the tow yard had it hauled away and crushed per protocol. My husband has sat in jail as the alleged driver, although he didn't do it. The truck was destroyed before the case even went to Pretrial Motions. How can my attorney have the evidence cross examined now that the truck no longer exisit? Can we push to close the case, have charges dismissed, or mistrial? Any kind of insight would be greatly appreciated as he's been in jail for 5 months now and has yet to even speak to his court appointed public defender.

Related Topics:
1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Criminal Law Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: If evidence has been destroyed and/or your husband's attorney was not given time/opportunity to review/inspect it, then he can file the appropriate motion to exclude and/or limit. You need to discuss this with your husband's attorney----if you are not satisfied with the court appointed public defender, then you should seek to hire private counsel for him.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.