A Tijuana man convicted of drug smuggling and sentenced to ten years has been granted a new trial because jurors weren't told that the government had destroyed key evidence against him in the case by allowing his car to be sold and stripped for parts before his Defense Attorney was able to take an independent look at the vehicle.
While the destruction of evidence was not intentional, the 9th U.S. Circuit Court of Appeals concluded that the information should have been made known to the jury, because it could have strengthened the man's case. In order to be convicted of drug smuggling, prosecutors must first prove that the Defendant was aware that he or she was smuggling drugs. Further examination of the car by the man's defense attorney could have helped substantiate the man's claim that he was unknowingly conned into transporting the drugs.
When you are charged with a criminal offense, the State must prove that you, indeed, committed the illegal act you are being charged with. Our attorneys have the experience to make sure you are treated fairly. Call our offices at 619-262-2500 and let us get started on your defense today.