is there any way i can get this piece of evidence thrown out of court
Question Details: in a case where a cell phone was used and the only evidence linking that person is the cell phone but the name on the cell phone is spelled wrong is there anyway to get that evidence thrown out because of the incorrect spelling of the name on the phone
Criminal Defense Law Answers
Although I do not practice law in the State of Virginia, here are my initial impressions. The general rule is that a clerical error will not result in the suppression of evidence. However, it may be used by a skilled defense attorney to negate the validity of the evidence, and/or to call into question its authenticity. In any event, it is clear that you need to hire a criminal defense attorney to discuss this, as well as all other potential defense strategies. Good luck.
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