Asked in Criminal Law and Personal Injury for Georgia

Q: Can you take photos of physical evidence and don't have the physical evidence to present in trial but use the photos?

Is that considered fabricated evidence? Is that withholding exculpatory evidence by the state?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Georgia attorney could advise best, but your question remains open for a week. Your question straddles several major categories, and I can only speak for CIVIL practice, since you include Personal Injury as a category. In civil proceedings, this is commonly done - photographs of vehicle damage where the vehicle is no longer available... or where the vehicle has been repaired, photographs of skid marks, etc. But you also include CRIMINAL as a category, and if this involves a criminal matter, a Georgia criminal defense attorney should advise. Good luck

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.