Motion And Order To Destroy Evidence Texas
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FAQ
Article 38.23 reads: (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
Upon receipt of proof that the defendant has received notice of the planned destruction and if no objection is then lodged within the statutory time period, the State will submit a request for authorization by the Court to destroy the remaining evidence.
Destruction order Ordonnance de destruction(7) A court must order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
A motion to suppress evidence in Texas is a formal legal request made by a defendant or their attorney. This request seeks to prohibit certain evidence from being presented in court, on the grounds that it was obtained illegally or in violation of the defendant's constitutional rights.
If you are involved in any form of legal battle, there is no doubt that you will do what is necessary to be successful, but if you destroy or conceal evidence, you could face criminal charges. The law seeks to prohibit this act because it seriously undermines the legal system and its ability to deliver justice.