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3 way you might challenge the evidence in a criminal case

On Behalf of | Dec 29, 2022 | Criminal Defense |

If your criminal case goes to court, the prosecution must present evidence to back up their claims that you are guilty.

They may also use any evidence they have to try and convince you that your defense case is hopeless and that you should accept the plea deal they are offering.

While evidence is crucial, some of it will not hold up in a court

If you can find fault with the prosecution’s evidence, it could help you beat the charges. Here are some ways to do that:

#1. Show it was illegally gained

The police cannot break into your home in the middle of the night to search for evidence unless they have a valid search warrant.

They cannot root through the garbage on your porch (although they probably can once you have placed it out onto the street). Yet some police or others will do this because they believe they will find something important. A judge should refuse to accept anything achieved in breach of the law.

#2. Showing it could have been tampered with

The police must show a chain of custody detailing everyone that had access to the evidence. If you show weaknesses in the storage system or gaps in the records, you could argue that someone else swapped out the evidence or altered it to make you look guilty.

#3. Showing it is wrong

The prosecution produces a shop receipt showing you made a purchase five minutes before an assault occurred. They claim it puts you at the scene of the crime. Consider that the store may have set the clock wrong on their cash register. Never accept evidence at face value. It is often less reliable than it seems.

Getting legal help to evaluate the evidence against you will greatly increase your chance of beating a criminal charge.

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