CHALLENGING EVIDENCE IN A CRIMINAL CASE

On behalf of Craig E. Gibbs, Attorney at Law posted in criminal defense on Friday, October 28, 2016.

When an individual has been charged with a crime, and is facing criminal accusations and charges, it is important to be familiar with the evidence being used against the accused party and how to challenge that evidence in certain situations as part of a strong criminal defense strategy. Under certain circumstances, evidence may not be used against an accused individual and it is important to know when those situations apply.

Evidence that is obtained illegally may not be admissible against the accused individual. Evidence that is obtained in violation of the accused individual’s rights or in violation of procedures police are required to follow may be excluded from use against the accused individual. All evidence used against the accused party must be relevant and competent. If evidence is challenged, the court will determine if it should be excluded or if it should be used against the accused individual.

Evidence that is collected in violation of search and seizure protections, or results from an illegal search or other violation of the accused individual’s constitution rights, may be excluded. In the absence of a valid exception, if authorities do not have probable cause and a search or arrest warrant, the evidence may be excluded. In addition, if police officers failed to read the accused individual Miranda warnings, evidence, such as statements, obtained in violation of the accused individual’s rights may be excluded. The chain of custody of evidence is also important and must be properly preserved.

There is a lot on the line when an individual has been accused of a crime, including, potentially, their freedom, which is why accused individuals have important legal protections and rights. The right to a criminal defense is essential and it is important for accused individuals to be familiar with criminal defense options that may help them.

Source: Criminal.findlaw.com, “How to Suppress Evidence,” Accessed Oct. 26, 2016

Tags: Criminal Defense

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