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  1. #1
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    Default What Happens to Evidence After a Trial

    My question involves criminal law for the state of: New York

    After a trial is done and sentencing is announced, what happens to the evidence that's turned over to the defense attorney? Does the attorney give it back to someone? does he keep it or can he dump it? And who can access the evidence afterwards? I ask because I would like to review the evidence for myself to determine if it makes sense to appeal. Thanks.

  2. #2
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    Default Re: After Trial, Who Keeps the Evidence

    If the evidence was turned over to the defense, it may lose it's value as "evidence." I have not heard of evidence being turned over to the defense unless it is no longer needed and has been released.
    A Nor Cal Cop Sergeant

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  3. #3
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    Default Re: After Trial, Who Keeps the Evidence

    Evidence is stuff entered into the court record to consider the facts of the case. I think the OP is talking about discovery documents. Discovery documents are kept by the party who got them unless an agreement otherwise was made.

  4. #4
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    Default Re: After Trial, Who Keeps the Evidence

    Sorry by "evidence" I mean the material given to the defense during discovery ... so all this information should be "common property" (?) for both defense and prosecutor.

  5. #5
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    Default Re: After Trial, Who Keeps the Evidence

    Quote Quoting scrutari
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    Sorry by "evidence" I mean the material given to the defense during discovery ... so all this information should be "common property" (?) for both defense and prosecutor.
    Items of actual evidence are not generally "given" to the defense during discovery. Reports and analysis of the evidence might be provided, the opportunity to observe and manipulate the evidence might be provided, but it would be practically unheard of to turn over actual evidence to a defense attorney through discovery.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
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    Default Re: After Trial, Who Keeps the Evidence

    Let me be more precise. I want to know what happens to all information that is concurrently in possession by both prosecutor and defense after sentencing. In particular information (in whatever form including paper and digital storage) introduced during discovery. This obviously precludes evidence such as clothing etc because only one party can possess such a thing. I also want to know who can access it. Surely there is a procedure for this.

  7. #7
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    Default Re: After Trial, Who Keeps the Evidence

    Quote Quoting scrutari
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    Let me be more precise. I want to know what happens to all information that is concurrently in possession by both prosecutor and defense after sentencing. In particular information (in whatever form including paper and digital storage) introduced during discovery. This obviously precludes evidence such as clothing etc because only one party can possess such a thing. I also want to know who can access it. Surely there is a procedure for this.
    Any documents in the possession of the defense attorneys and in the DA's case file will remain in the possession of those attorneys/offices until otherwise disposed of. Whether this can be shown to third parties or not will depend on law and attorney-client privilege.

    The defense does not have to return documents they received in discovery, nor do they have to destroy them.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  8. #8
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    Default Re: After Trial, Who Keeps the Evidence

    Quote Quoting cdwjava
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    Any documents in the possession of the defense attorneys and in the DA's case file will remain in the possession of those attorneys/offices until otherwise disposed of. Whether this can be shown to third parties or not will depend on law and attorney-client privilege.

    The defense does not have to return documents they received in discovery, nor do they have to destroy them.
    I suppose one could ask the court for an order for clothing (guns, other valuables) to be returned after trial and appeal filing time period has ended. OP should check..some states have strict timelines for filing such a request. Not sure about NY.

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