Most people facing criminal charges plead guilty. Even when they know they didn’t break the law, they assume that the state can prove its case if a prosecutor brings charges against them. The rise in popularity of police and courtroom television shows gave many people skewed ideas about the accuracy and validity of state evidence.
The reality is that while prosecutors may feel they have enough evidence to secure a conviction, that isn’t necessarily true. Many defendants who take their cases to trial can challenge the state’s evidence and avoid a life-altering criminal conviction.
What are some of the ways that defense attorneys help people challenge the evidence that a prosecutor intends to use at trial?
Pointing out police misconduct
Numerous state and federal laws limit police officer conduct during criminal investigations. Some police officers violate the law or the civil rights of a suspect during an investigation. Defense attorneys who can prove that police officers engaged in misconduct can potentially exclude certain evidence from the criminal trial. In some cases, eliminating evidence might result in the dismissal of pending charges. Other times, excluding evidence can make it much easier for the defense team to establish a reasonable doubt about whether criminal activity occurred.
Bringing in outside experts
Expert witnesses ranging from technological professionals to chemists can help counter state evidence. There may be questions about how the state analyzed the evidence or the conclusions that police officers and prosecutors reached based on the available evidence. Expert witnesses can show that the state used junk science or can provide a more reasonable interpretation of evidence that doesn’t implicate the defendant.
Raising concerns about contamination
Preserving the integrity of physical evidence is a top priority in any criminal case. Delays when securing a crime scene, mistakes when gathering evidence, gaps in the chain of custody for evidence and other errors can make evidence less authoritative during criminal proceedings. If an attorney can establish that the evidence the state intends to use was compromised or contaminated in some way, that can undermine how compelling that evidence is during the trial.
There are many viable criminal defense strategies, many of which focus on countering or challenging specific state evidence. Exploring different defense options with a skilled criminal defense attorney can help people assert themselves and work toward proving their innocence when facing criminal charges.
