What happensif the police took so long to charge you that you no longer have the evidence needed to defend yourself?

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What happensif the police took so long to charge you that you no longer have the evidence needed to defend yourself?

I’m currently involved in a sexual assault case. My biggest problem is that the police didn’t check the girl’s phone, or my phone, emails nothing and took a year to “find me”. That destroys almost all that I could have for a defense. It that legal? Is there any supreme court rulings on something like this? Do need a criminal defense attorney? In Johnson County, TX. 

Asked on September 6, 2010 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, I would look in to hiring an attorney to help you with this matter as soon as you can.  There is a general understanding and assumption that if you are involved in a matter that you will do what you need to "preserve" evidence to support your allegation or your defense.  It is your obligation to preserve the evidence and no one else's obligation.  There may be other issues here, though, that an attorney can hep you with.  Other "technical" issues of procedure regarding the timely prosecuting of the matter, etc., that are best known to someone that practices in this field.  You have a right to a "speedy trial" under the constitution.  Get help.  Good luck.     


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