Q: If party A goes to jail for a assault on party B and Party A comes out of Jail because Party B does not have photos, can any photos be used later on? Party B says the police took photos but when party A got arrested the police said there was no bruises. Could the police have taken the photos and found there was no bruises on party B and that's why they were not used?
A: David's Answer: Is your case in Criminal Court or Family Court? If in criminal court, I wouldn't understand the context in which a party would attempt to subsequently use the photos. If in Family Court, it would be shear speculation to surmise why a party didn't use a piece of evidence, but one would think if there was a subsequent trial for whatever reason, the party could generally attempt to introduce any piece of relevant evidence. Schedule a consult with a Bronx Domestic Violence attorney for a full assessment.
- David Bliven, Bronx Domestic Violence Attorney (www.blivenlaw.net)