There are many different professionals that contribute to criminal proceedings. Police officers investigate allegations of illegal activity and gather evidence. State prosecutors review accumulated evidence to determine whether actual violations of the law occurred. They also have to present evidence of criminal activity in court to establish beyond a reasonable doubt that a defendant broke the law.
Those facing criminal charges often need help responding effectively in criminal court. With the right assistance, they may be able to avoid a conviction. A criminal defense lawyer sometimes brings in expert witnesses to re-analyze evidence. They may help their clients develop alibis or prove that they acted in self-defense.
Sometimes, criminal defense attorneys try to exclude specific evidence from criminal proceedings. By keeping the prosecutor from presenting certain evidence, they may make it easier to raise a reasonable doubt about whether their client broke the law or not. When can lawyers exclude evidence from a criminal trial?
When police officers violate someone’s rights
The Bill of Rights and other federal regulations limit the conduct of law enforcement professionals. For example, the Fifth Amendment to the Constitution protects people from unreasonable searches and seizures. Police officers cannot detain people without valid reason, nor can they conduct searches without warrants, probable cause, or permission.
Sometimes, police officers break the rules that limit their authority and protect the general public. When that happens, their misconduct can have a direct influence on the defense strategy utilized in criminal court. Instead of trying to reevaluate or counter certain evidence, the defense team may instead ask the courts to set it aside during the trial.
If police officers conduct an illegal search, pull a driver over without a legitimate reason, or otherwise violate an individual’s rights, it may be possible to set aside any evidence they gathered through that inappropriate behavior. The exclusionary rule allows for the elimination of evidence obtained through law enforcement misconduct.
A defense attorney who can convince the courts that police officers questioned someone without providing the Miranda warning or searched an individual’s vehicle without probable cause could convince the courts to set aside key evidence. The elimination of specific evidence can make it much easier to secure an acquittal. In some cases, prosecutors may even need to dismiss pending charges after defense attorneys successfully challenge the use of certain evidence.
Seeking legal guidance from a criminal defense attorney can help people charged with a crime utilize criminal defense strategies during their court proceedings that may help them avoid a conviction.