PLEASE WATCH #HABERPA'S VIDEOFAQ # 394) "What is “Spoliation” of Evidence?" @ https://youtu.be/lbYnRuanZkA
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 394) "What is “Spoliation” of Evidence?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 394 discusses the concept of "Spoliation" of evidence and goes like this:
"Thanks for asking me “What is “Spoliation” of Evidence?”
“Spoliation” of Evidence” is a cause of action where a person who’s not a party to an existing civil case causes damage to a plaintiff when evidence that’s critical to the case is lost, misplaced, or destroyed. That probably sounds complicated, and it is, but it also has a practical application in criminal cases.
In criminal court the State bears the burden of proving each case BARD, by way of admissible evidence. The defense has a right - an obligation actually - to inspect and challenge all of the State’s evidence, but it also enjoys the liberty of conducting it’s own investigation and attempting to secure it’s own evidence. Inspecting the government’s evidence is generally a simple task - all we usually have to do is put the State on notice and then it get’s done; but securing defense evidence usually proves to be far more complicated. Why? Simply stated the government has unlimited resources whereas the defense generally doesn’t. Unlike prosecutors, defense lawyers don’t have battalions of cops, limitless tools and investigative subpoena power. Unlike Prosecutors, criminal defense lawyers need permission to issue a subpoena duces tecum, or a subpoena seeking the production of tangible items.
Let’s take an example. Say I want to secure and review surveillance or ring doorbell video. I can send my investigator out to a business or a residence to ask for access, but, having no legal authority to compel it, and especially when it comes to businesses, we’re oftentimes denied. So what do I do? Knowing that surveillance systems overwrite themselves after a period of time and time is therefore of the essence, I write and formally serve businesses, individuals and even municipalities with what’s known as a “Spoliation Letter”. A spoliation letter is a written demand identifying the precise date, time, location and span of information that I’m seeking and putting whomever on formal, written notice that if they don’t preserve the identified materials then they may be subject to both a civil lawsuit and or sanctions by a Criminal Court Judge. (In an abundance of caution I also send a copy to the State Attorney’s Office and file it with the Court as further proof of my effort). If the identified evidence is destroyed, altered or not preserved then, depending upon the nature, relevance and diligence of your lawyer there may be a remedy, or not. Like all things in Court that’s gonna be up to your Judge."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 394) "What is “Spoliation” of Evidence?", which you can watch at the following URL: https://youtu.be/lbYnRuanZkA
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 394, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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