A single piece of evidence can mean the difference between conviction and acquittal. But what happens when evidence is lost, destroyed, or tampered with? Understanding the preservation of evidence is essential for anyone involved in a Nebraska criminal case. Courts rely on physical and digital proof to establish facts, and justice is at risk when that proof is compromised.
Nebraska law imposes strict rules on handling and maintaining evidence. Whether you are accused of a crime or fighting wrongful charges, Petersen Criminal Defense Law can protect your rights, review the preservation of evidence in your case, and challenge any evidence that has been mishandled.
We scrutinize every aspect of how law enforcement handled your case evidence, from police procedures to forensic testing, ensuring that no violation of your rights goes unchallenged. With decades of experience and a deep understanding of Nebraska’s legal landscape, we work tirelessly to fight for the best possible outcome.
Our firm is committed to providing a defense strategy tailored to the specifics of your case, maximizing the chances of a favorable resolution. Contact us for a free consultation.
What Is the Definition of Preservation of Evidence?
So, what exactly is the definition of preservation of evidence? Numerous Nebraska laws and federal statutes establish clear expectations for law enforcement, attorneys, and other parties who handle evidence in criminal cases.
The preservation of evidence definition also refers to the legal obligation to maintain, store, and protect physical and digital materials relevant to a criminal case. This includes:
- Biological evidence—DNA, fingerprints, blood samples;
- Video footage—body cam recordings, security footage;
- Digital records—text messages, emails, social media posts; and
- Physical evidence—weapons, clothing, drugs, vehicles.
For example, Nebraska Revised Statute § 29-4123 outlines the state’s duty to preserve biological evidence in felony cases involving serious charges such as murder or sexual assault. Similarly, federal law, under 42 U.S.C. § 14132, mandates proper handling of forensic evidence in criminal proceedings.
If critical evidence is lost, manipulated, or destroyed before trial, the accused can challenge its admissibility and may even seek case dismissal.
Why Does Preservation of Evidence Matter in My Case?
Failing to preserve evidence can jeopardize a fair trial. Nebraska courts recognize that improperly handled materials can create false narratives and result in unjust convictions. The consequences of missing or destroyed evidence include:
- Compromised defense strategies—missing surveillance footage or lost police body cam recordings may remove exculpatory proof;
- Unreliable forensic results—improperly stored DNA samples can degrade, leading to wrongful accusations and conclusions; and
- Case dismissals or mistrials—if the prosecution fails to preserve key evidence, the case may be thrown out.
Courts determine whether the loss of evidence violates due process based on Arizona v. Youngblood, 488 U.S. 51 (1988). This case ruled that defendants must prove bad faith in evidence destruction.
What Rights Do I Have When Evidence Is Destroyed?
If you face charges in Nebraska and believe evidence has been lost, you may have legal options. We can file motions to:
- Suppress unreliable evidence—if police failed to properly handle and preserve critical materials, the court may exclude them;
- Request case dismissal—if missing evidence severely prejudices the defense, the case could be thrown out; and
- Demand forensic review—independent experts can challenge flawed evidence handling.
Petersen Criminal Defense Law has successfully challenged improper evidence handling in many cases. Our team meticulously examines every piece of proof presented in court, ensuring that your rights remain intact.
How Can Petersen Criminal Defense Law Help?
Facing criminal charges in Nebraska requires a defense strategy built on solid evidence. At Petersen Criminal Defense Law, we support and advocate for you in numerous ways, including:
- Challenging lost or mishandled evidence;
- Holding law enforcement accountable for procedural errors;
- Filing aggressive motions to suppress illegally obtained materials; and
- Building strong, fact-based defenses to fight criminal accusations.
With over 8,000 cases under his belt, Attorney Tom Petersen has extensive experience protecting clients from flawed prosecutions and will fight tirelessly for your rights.
Contact Us Today
If your case involves missing or mishandled evidence, you need an aggressive defense attorney immediately. Petersen Criminal Defense Law offers:
- Free, confidential consultations;
- 24/7 availability for urgent cases; and
- Proven success in challenging evidence-related and other law enforcement violations.
Call us now or contact us online. Your future depends on securing the strongest defense possible.
Additional Resources
Neb. Rev. Stat. § 29-818. Link.
Neb. Rev. Stat. § 29-925. Link.
Neb. Rev. Stat. § 27-1101. Link.
Brady v. Maryland, 373 U.S. 83 (1963). Link.
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