If you have been charged with a crime and you think the evidence against you is circumstantial at best, it's time to consult with a qualified criminal law attorney to discuss your case. Depending on how the evidence was obtained, you may be able to get the evidence thrown out of court. This is done by filing a motion to suppress evidence, which allows the judge to take a hard look at the evidence against you, how the evidence was collected, and make a determination as to whether the evidence can be used in your case or not.
Illegally Collected Evidence
There are procedures that must be followed when collecting evidence. A skilled defense attorney will be well-versed in the ways in which evidence can be collected against you, and the ways officials will circumvent the system and collect evidence illegally. If you were part of an illegal search, this evidence is not admissible in court. Although there are exceptions, if evidence is collected during a routine traffic stop or at your home without a search warrant, this evidence is likely to be suppressed in court.
If You Aren't Read Your Rights
Another reason evidence may be suppressed is if you were not read your Miranda Rights prior to being interrogated. These rights are simple, in that you must be told that anything you say can be used against you in a court of law. Any officer questioning you about a potential crime must read you your Miranda Rights before you answer any questions, or the evidence collected against you can't be used in court. You have the right to not answer questions, or remain silent, and many people don't exercise this right because they believe they have to fully cooperate with officials. You do not have to answer any questions, and you can request that an attorney be present during the questioning.
The Evidence Has Broken the Chain of Custody
If the evidence used against you can't be accounted for at all times, the chain of custody may have broken. Evidence loses its credibility when the chain of custody breaks. For example, if your hair fibers were discovered at the scene of the crime, but the bag was mislabeled, the evidence is no longer useful to the prosecution.
If you find yourself charged with a crime, it's time to talk with a criminal law attorney that can help walk you through the process of evidence suppression.
Share22 December 2015
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.