Generally, for the state to charge someone with a serious criminal offense, there needs to be compelling evidence. A prosecutor has to believe that they can convince a jury beyond a reasonable doubt of someone’s guilt.
Evidence comes in many forms. There could be financial records used to implicate someone accused of money laundering or fraud. There might be physical evidence if the crime is a violent offense. Sometimes, the state will rely on eyewitness testimony to build its case against a defendant.
Realizing that the prosecutor has enough evidence to feel confident in bringing charges against you might make you feel hopeless, but there are numerous situations in which that evidence could end up excluded from your criminal proceedings.
When police or investigators violated your civil rights
To search your property or interrogate you, police officers have to meet certain legal standards. Generally, they have to have probable cause to physically search a person. The same is true of searching someone’s property, although officers may also search if they have a warrant or permission.
If you can show that officers violated your civil rights in the way that they interacted with you or how they conducted the search, that might convince the court to throw out the evidence obtained against you.
When there are issues with the chain of custody
To ensure the validity and accuracy of the analysis of physical evidence, the state has to maintain a thorough record of how they collect, process and store the evidence against you. Gaps in the chain of custody or mistakes in processing or handling the evidence might make it inadmissible in court.
When you can bring in an expert who provides a different explanation
Evidence on its own would do very little to convince a judge or jury of your guilt. The state usually depends on an expert to analyze the evidence and explain how it connects someone to a crime. They may hire somewhat biased professionals who want to please the company that hired them.
Bringing in your own, neutral professional to analyze the evidence could help you counter the state claims against you and provide a reasonable explanation for the evidence that does not involve your guilt.
Exploring various ways to defend yourself against criminal charges and help you find the option most likely to succeed in court.
