3 Ways Defense Attorneys Can Address The State’S Evidence

Most people feel intense fear after an arrest. Even those who have consistently done their best to follow the law may find themselves worrying about criminal penalties. After all, prosecutors usually don’t ask judges to arraign individuals unless there is compelling evidence that they believe could lead to a victory in criminal court.

The idea that the state has evidence somehow connecting an individual to a criminal incident might prompt many people to plead guilty even though they maintain that they did not actually break the law. Others might hope to fight the charges that they currently face. A defense attorney can potentially help someone fight charges even when the state seems to have strong evidence. The following are the most common ways of addressing the state’s evidence in a criminal case.

Excluding the evidence from the trial

Perhaps the most effective defense strategy involves keeping certain evidence out of the courtroom. For example, someone accused of impaired driving might inform their lawyer that the traffic stop was inappropriate. If a lawyer can convince the courts that a search was illegal or that police officers violated someone’s rights, they can potentially exclude certain evidence from criminal proceedings. Doing so could theoretically help someone fight the charges that they face. In some cases, prosecutors might even dismiss pending criminal charges because they don’t have enough evidence to win at trial.

Questioning state practices

Sometimes, law enforcement professionals don’t follow the right procedures when gathering evidence. They might not properly secure a crime scene or might fail to create an appropriate paper trail. Gaps in the chain of custody records for certain evidence and questions about how police officers or forensic professionals handled the evidence can raise questions about how the state analyzes and interprets that evidence later. It may be possible to question the validity of the evidence or how accurate the state’s interpretation of the evidence is.

Bringing in expert witnesses

When the state legally gathered and appropriately analyzed evidence, then the next option might entail questioning the conclusion investigators reached. Expert witnesses can raise viable questions about the way that the state interprets the evidence. An expert witness could propose an alternate suspect or could raise questions about the usefulness of particular pieces of evidence. They can play a crucial role in a defense strategy by raising reasonable questions about someone’s involvement in criminal activity.

Realizing that the state has evidence simply means that someone needs to carefully prepare their criminal defense strategy. Many people successfully fight charges even when prosecutors have seemingly strong evidence, provided that they seek informed, personalized legal guidance and support.