criminal-law evidence florida rules-of-evidence
Faked Discovery Evidence
<p>If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?</p>

<p>Not necessarily. Let's say the victim delivered photos of a harm that were alleged to be done by the defendant. That's a crime in itself. But based on this item the DA orders investigation and finds evidence of a real crime.</p>
<p>Discovering that the photo was faked can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.</p>
<p>Also, the photo could not even be used as evidence in the actual trial stage. A good defense attorney might manage to convince the judge, that the doctored photo should have been discovered such early in the investigation, but I doubt, that one could manage to make everything else in a proper investigation <em>fruit of the poisoned tree</em> unless police screwed up.</p>
