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What happens to your physical evidence if your case is dropped?
Wiki User
∙ 14y ago
Just that, its dropped. There is no evidence to prove the defendant is guilty, therefore he or she cannot be convicted.
Another View: It is not that simple! It is important to know what you mean by "dropped."
If the case was Nolle Prosse'd by the prosecutor then it has truly 'gone away,' the state has decided not to prosecute you.
However if the case was "Dismissed" by the court it is important to know HOW it was dismissed (i.e.: WITH Prejudice or WITHOUT Prejudice).
WITH prejudice means that the same charge cannot be brought against you again (for the same event) - and that is the end of the case.
If it was dismissed WITHOUT prejudice, it means that the prosecutor could file it against you again.
Wiki User
∙ 12y ago
Wiki User
∙ 14y agoIt would depend on the type of evidence, the type of case and local policy. It may be retained with the case files, returned to the owner, destroyed or auctioned.
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What happens if there is no victim statement for evidence?
The case would have to rely on physical evidence (if any), and/or witness statements.
What happens in a case where the prosecution lost criminal files or evidence?
Then that evidence can not be introduced in to court. They can not say "Well, we had evidence...".
What happens after all the evidence is presented?
They examine all the evidence and if it adds up to a conclusion, that's just what happens. They finalize the case.
What 1978 Supreme Court case related to the impropriety of the warrantless collection of physical evidence at a homicide scene?
the 1978 supreme court case that related to the impropriety of the warrantless collection of physical evidence at a homicide scene is ?
What is the meaning of the case has been dropped?
"Case dropped" means that the charges or legal proceedings against the defendant have been dismissed or abandoned by the prosecution, usually due to insufficient evidence or other reasons. It typically signifies that the case will not move forward to trial.
How did the trial go for pj proby?
Case was dropped due to lack of evidence against Proby. An innocent man!
The corroborative use of physical evidence means that it can be used to?
Physical evidence can be used to corroborate (meaning to confirm) statements given by witnesses.
How can use a sentence for absence?
In the absence of credible evidence, the judge dropped the case. Due to the absence of the teacher, a substitute was called.
What percentage of cases are dropped because of the exclusionary rule?
It is difficult to provide an exact percentage, as it can vary by jurisdiction and case specifics. The exclusionary rule typically leads to the suppression of evidence obtained through unconstitutional means. When this happens, prosecutors may drop the case if they believe they cannot proceed successfully without the suppressed evidence.
What is considered a dropped case?
If a case is "Nolle Prosequied" by a prosecutor, that is considered a "dropped" case. A dropped case is different from a dismissed case. Only a judge can 'Dismiss" a case.
What is the difference between testimonial and physical evidence?
Evidence in criminal law is any item or testimony that assists in the proof of a prosecution or defense. It can be a weapon, a document, forensic samples or the testimony of a witness, and both sides of a criminal case are allowed to present evidence to the court for consideration. Real evidence is physical evidence, such as a gun, a fingerprint, a photograph, or DNA machine, different from testimonial evidence because it not physical object only is the testimony of a witness.
Can you serve time for a case that's been dropped?
If a case is dropped, no! The person is free to go!
