The preservation of evidence in criminal cases is incredibly important for the prosecution. For that reason and many more the preservation of evidence is crucial for the defense of a case, as well. No matter what criminal charge is currently pending against someone, as soon as possible after charges are filed, it is important for a defense attorney to preserve as much relevant and/or exculpatory evidence that he can in to begin to prepare a defense.
The Commonwealth dedicates significant resources and has what seems to be unlimited investigation tools at its disposal. When a client comes into a criminal defense lawyer’s office it is important to spending time speaking in detail about the case and the specific facts and circumstances. That will permit the lawyer to determine what investigation must be done. What evidence must be preserved. And what must be investigated further through the aid of a private investigator or in some circumstances and when appropriate the attorney himself.
This is true no matter what type of case. In a Driving Under the Influence, or DUI, cases there may be proof that someone was not driving, or evidence that can show they were not drinking. In assault cases there may be witnesses who can testify to the other parties being the first aggressor or a video that shows that the person who is charged shouldn’t have been charged. From a public drunkenness case all the way to a criminal homicide investigation preservation of evidence must be done swiftly and completely in order to properly prepare a defense.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale