Practical Warning- Possession of Illegal Items in Your Case

Sometimes, clients reveal that he or she has possession of items which they want to use as evidence against the other party but which were illegally obtained and which are illegal to possess. Examples are: illegal drugs, illegally obtained video or audio recordings, child pornography, etc. How does the legal system handle this?

First, do not give these items to your attorney without first thoroughly discussing it.

Second, your attorney will ask the court for a Protective and Confidentiality Order which will govern how these items are exchanged in discovery or presented to the Court to examine. Otherwise, possession of these items can subject a party or his or her attorney to prosecution for possessing these items.

Be extremely careful about this issue and seek competent legal advice.

Jon R. Boyd