Can a wrong evidence report about my father force the case to be thrown out of court? 1 Answers as of February 06, 2012If an evidence report for a case has an item listed that wasn't recovered, can all evidence be thrown out of court? My dad was arrested and charged with breaking and entering in an empty house in which he was just looking at. He was also charged with possession of criminal tools because he had pliers and wire cutters with him because he was working on his house previously when he chanced and looked at the empty house. My question is when they filled out the evidence reports, they said they found him with 2 sets of plyers wire cutters and a screw driver but he didn't have a screwdriver so that's wrong and they only have a picture of the plyers and wire cutters but no screwdriver was ever recovered nor was anything from the house in which they were trying to say he was attempting to rob. Can the evidence be thrown out of court and the case be dismissed due to the evidence report being wrong? Can they use his past record against him in court which is just about misdemeanors?
Burdon and Merlitti | Adam Van Ho
No, if the evidence report is wrong, that goes to the credibility of the police officers' statements not to whether the charges are thrown out. This is a question that your father's attorney will need to bring up at trial (if the case goes to trial), and may be a fact that is considered in negotiating a settlement to the case. If he has just misdemeanors in his past, as a general rule, they are inadmissible in court against him. He should either consult with his attorney or an attorney if he does not already have one as how to best proceed with his case.
Answer Applies to: Ohio