What happens if evidence is lost or mishandled in Georgia criminal defense?
It depends on what the evidence was and how it was lost. Georgia uses the federal due process rule: if the evidence was only potentially useful, the defendant must show bad faith, under Arizona v. Youngblood (1988). If its exculpatory value was apparent before it was lost, California v. Trombetta (1984) applies.
| Situation | Result |
|---|---|
| Lost through bad faith | Due process violation; dismissal or exclusion |
| Lost, plainly exculpatory, no comparable substitute | Violation |
| Lost by negligence, only potentially useful | No violation, but can be argued to the jury |
| Chain of custody gap, fungible item | State must show reasonable assurance |
| Unique, identifiable item | Less proof of chain is needed |
| Lost body camera video | Argument, possibly § 17-16-6 sanctions |
Mishandling. A lab error or storage problem goes to admissibility and weight. O.C.G.A. § 24-9-901 requires a showing that the item is what it’s claimed to be. Mere speculation about tampering generally doesn’t exclude it.
Statute on DNA. Section 17-5-56 requires keeping physical evidence with biological material in felony cases, for as long as the crime is unsolved or until the sentence is completed, whichever comes last.
Jury instruction. A spoliation-type charge isn’t guaranteed in criminal cases, and a lawyer must request it.
Practical step. A preservation letter or motion as soon as possible strengthens later bad-faith arguments, since the state can’t claim it had no notice.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.