Evidence collected during criminal investigations is kept safe in the hands of the authorities. This is done to protect the rights of defendants in accordance with the 6th and 14th amendments of the United States Constitution.
You may be wondering what kind of evidence has to be preserved, and for how long. First you should know, not all evidence that was collected has to be kept—only that which was thought to be of significance during the investigation. The length of time that evidence is held will also depend on the crime itself and whether it is a felony or a misdemeanor. It will also depend on the state in which the crime was committed.
In this article, we’ll summarize what to expect when it comes to whether or not a piece of evidence will remain relevant in court. We’ll also highlight why having a reliable evidence tracking system is necessary.
1. Murder
For any crime related to murder, the ruling can vary from state to state. However, the majority of states have no time limit—meaning that as long as there is evidence that a murder was committed, the defendant will be considered guilty.
2. Terrorism
Terrorism is treated very similarly to murder. In the event that evidence was collected when an individual was about to carry out an act of terrorism, it will stand forever. In other words, evidence collected in cases related to terrorism will stand in court no matter how old the evidence is.
3. Sex Offenses
Many states also rule that evidence for sexual offenses have no time limit, meaning that whenever evidence is collected that points to a sexual offense, it will always stand in court.
However, there are some states, such as Georgia, that have time limits on evidence. In Georgia, for forcible rape, after 15 years, a criminal can no longer be convicted of the felony. It’s for this reason that having an evidence tracking system is necessary. To ensure that such crimes do not get off on a mere technicality such as “outdated” evidence.
4. Other Felonies
There are many other types of felonies with evidence that can last anywhere between a year to ten years or more. As mentioned above, some have no time limit at all. However, other felonies, such as arson, can have evidence presented up to ten years after the act.
5. Misdemeanors
Evidence collected for misdemeanors can range from a few months to a few years, depending on the offense and with the state.
For instance, misdemeanors in Alabama can last up to a year while misdemeanors in California can go up to four years, depending on the circumstance. For states like Arizona, petty offenses will allow evidence to be presented within six months.
The Importance of Evidence Tracking Systems
Can evidence collected a long time ago be admissible in court? That all depends on the type of crime and the state it is committed in. For a felony with no statute of limitations, any evidence pertaining to that crime will always stand up in court.
That being said, having an evidence tracking system to collect these types of evidence is extremely important, no matter when they will expire. It’s always important to ensure that the date of collection is tracked and that when you need to bring it out, you know exactly where to find it!
The Best Evidence Tracking Solution
Need a system to manage all your evidence to help with easy tracking, reporting, and more? If so, PMI Evidence Tracker™ can help you out! We offer a complete evidence tracking system, including our chain of custody software at an affordable and flexible price to help you better manage your evidence. Check out how our system can help you today!
