A skilled defense attorney can move to dismiss the charges on the based on lost or destroyed evidence on the ground that the intentional, bad-faith loss or destruction of material evidence by the prosecution deprived the defendant of due process of law contrary to the provisions of the Fourteenth Amendment to the United States Constitution, Article I, §15 of the California Constitution and the principles enunciated in California v. Trombetta(1984) 467 U.S. 479 and Arizona v. Youngblood (1988) 488 U.S. 51.

Mr. Bruno will frequently examine the state of the evidence; both what the prosecution has turned over and that which they have not. This is no easy task. Determining what evidence is missing is like proving a negative; and that negative may be crucial to your case.

While the law does not impose a duty on the prosecution to collect evidence that might be beneficial to the defense, once collected, the prosecution and their agents have a duty to preserve material evidence and Due Process imposes on the prosecution a duty to preserve material, exculpatory evidence. (Arizona v Youngblood (1988) 488 US 51, 58; California v Trombetta (1984) 467 US 479, 488; In re Michael L. (1985) 39 Cal.3d 81; People v. Hogan (1982) 31 Cal.3d 815, 851). Further, the prosecution bears the ultimate responsibility to maintain the integrity of the evidence and to disclose all material evidence. With regard to this duty, the California Supreme Court warned in In re Ferguson (1971) 5 Cal.3d 525, 531:

"The search for truth is not served but hindered by the concealment of relevant and material evidence. Although our system of administering criminal justice is adversary in nature, a trial is not a game. Its ultimate goal is the ascertainment of truth, and where furtherance of the adversary system comes in conflict with the ultimate goal, the adversary system must give way to reasonable restraints designed to further that goal. Implementation of this policy requires recognition of a duty on the part of the prosecution to disclose evidence to the defense in appropriate cases."

If the prosecution fails to preserve such evidence in your case, your attorney should make a motion for sanctions, colloquially called a Trombetta-Youngblood motion. It could be the motion that turns the case in your favor.

Keeping the client properly informed of his or her legal options is extremely important to us at the Law Offices of Keith J. Bruno. If you have been charged with a crime and would like to know more about whether a motion to dismiss for lost or destroyed evidence is appropriate in your case, contact the Orange County, Los Angeles, Riverside, San Bernardino and San Diego criminal defense firm of The Law Offices of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

The Santa Ana, Orange County, California, law offices of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.