What Happens When Evidence Goes Missing in a Criminal Case?

In any criminal case, evidence can make or break the defense. It’s not uncommon in our criminal defense practice for us to allege the state lost evidence or failed to preserve evidence. Sometimes, these allegations are hard to prove. But what happens if that evidence really is lost—or worse, destroyed? Does that lead to my case being thrown out? Can the jury assume that the lost or destroyed evidence would have benefited my case? Let’s look at what Mississippi law says about the prosecutions duty to preserve certain evidence and what that means for people facing criminal charges in Mississippi.

The State Has a Duty—But It’s Not Unlimited

The prosecution is required to preserve evidence that could play a role in the defense of someone who is accused or later charged for a crime. Does that mean the police must save every piece of evidence? No. The United States Supreme Court and Mississippi Courts have made it clear that the evidence must be material—in other words, obviously helpful—and it can’t just be based on a guess or hope that it might help.

The Three-Part Legal Test

When the defense argues that the loss of evidence violated their rights, courts look at a three-part test:

1. Was the evidence clearly exculpatory? Meaning, was it obvious the evidence could help prove the defendant’s innocence before it was destroyed?
2. Could the defense get the same evidence elsewhere? If there’s another way to obtain the same information, this part isn’t satisfied.
3. Was the evidence destroyed in bad faith? Accidental loss isn’t enough—there must be proof the State intentionally destroyed it with a desire to suppress the truth.

No Bad Faith, No Violation

Accidental loss isn’t enough. If evidence is destroyed without any intent to deceive, it doesn’t rise to the level of a constitutional violation.
Even when potentially helpful evidence is lost—like clothes worn during an assault, or physical remains needed for DNA testing—the defense has to show intentional destruction or fraudulent motive. Without that, the courts won’t assume the evidence would have helped the accused.

Final Thoughts: What This Means for Defendants

If you’re facing criminal charges and evidence you believe could help you has been lost, it’s not automatically a get-out-of-jail-free card. Your lawyer will have to show not just that the evidence is missing, but that it was clearly helpful, irreplaceable, and destroyed in bad faith.
At McCormick Lawrence, we don’t let the State off the hook. We dig deep into how evidence is handled and fight to protect your constitutional rights at every stage of the case.

Facing criminal charges?

Don’t leave your defense to chance—get a lawyer who knows how to fight back when the State loses evidence. Call us today or reach out through our website at mccormick-lawfirm.com for a free consultation.