There are many different ways to handle criminal charges. Some people mount affirmative defenses by showing that duress or a need to defend themselves led to certain behavior. Others might reanalyze the state’s evidence or provide proof that another person broke the law, not the defendant.
Criminal defense attorneys can also seek to suppress state evidence as a means of weakening the prosecutor’s case. The elimination of evidence can make it much easier to raise a reasonable doubt about a defendant’s guilt. In some cases, the prosecutor may even need to dismiss the pending charges.
What circumstances make it possible for a defense attorney to ask the courts to set aside critical evidence from the prosecution?
Civil rights violations and illegal actions
Police officers are agents of the state. As such, their conduct is subject to numerous restrictions. Officers have to abide by the law. They also have to respect the civil rights of individuals.
In cases where officers may have conducted an illegal search, their behavior could allow the defense attorney to challenge the evidence they collected. The exclusionary rule helps reinforce the Fourth Amendment right against unreasonable searches and seizures.
In cases where police officers may have failed to provide the Miranda warning, confessions and contradictory statements could be subject to exclusion from criminal proceedings. If there were issues with how law enforcement professionals gathered evidence, a defense attorney might be able to ask the courts to exclude that evidence from the trial.
Evidence not included in discovery
The defense team responding to a criminal case has the right of discovery. The prosecutor’s office has to provide information about all of the evidence the state intends to present at trial. For example, they can provide a list of witness names and information about forensic evidence.
Occasionally, the state may attempt to introduce evidence not provided to the defense team as part of the discovery process. In those situations, the courts may not exclude the evidence from the trial. However, they may grant an extension by rescheduling the hearing for a later date.
The defendant and their lawyer have the right to review and respond to evidence. Doing so effectively requires time to prepare. In cases where challenging the evidence isn’t necessarily possible, people may want to look at ways to re-frame the evidence, possibly by bringing in expert witnesses.
Developing an effective criminal defense strategy requires an understanding of the state’s case. Those facing criminal charges may need help exploring different strategies to help reduce the likelihood of a criminal conviction.