If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?
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1 Answer
Not necessarily. Let's say the victim delivered photos of a harm that were alleged to be done by the defendant. That's a crime in itself. But based on this item the DA orders investigation and finds evidence of a real crime.
Discovering that the photo was faked can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.
Also, the photo could not even be used as evidence in the actual trial stage. A good defense attorney might manage to convince the judge, that the doctored photo should have been discovered such early in the investigation, but I doubt, that one could manage to make everything else in a proper investigation fruit of the poisoned tree unless police screwed up.
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Trish, what do you mean "That's a crime in itself." Are you saying that the submission of fake photos is a crime? If so, what crime is that? Commented Jul 29, 2020 at 4:38
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@Breakskater that depends on what the police makes out of t. "filing a false police record" can be just as much a possibility as libel. Note that I started with the submission of the photo to the police/DA, while a lawsuit only starts once the DA decides the case is enough. As in the state prosecution.– TrishCommented Jul 29, 2020 at 5:38