People facing criminal charges can plead guilty or negotiate plea bargains with the help of a defense attorney. They can also hire a lawyer to take the case to trial. When fighting against criminal charges, defendants usually need to raise questions about the prosecution’s case.
The burden of proof is on the prosecutor. The defense team does not have to prove the innocence of the defendant. They just have to prevent the prosecutor from establishing beyond a reasonable doubt that the defendant is guilty of a crime. Directly countering the state’s evidence is often a key component of that strategy. There are several ways for defense attorneys to respond to the state’s evidence during a criminal trial.
Excluding ill-gotten evidence
Police officers have to follow specific procedures when investigating crimes and interacting with suspects. Violations of the law or of an individual’s civil rights could affect the state’s case. A defense attorney could ask the courts to exclude evidence obtained through police officer misconduct. The exclusionary rule could apply after a Miranda violation or an illegal search. Eliminating evidence can sometimes lead to the dismissal of pending charges.
Questioning the credibility of evidence
The state has to provide information about the prosecution’s evidence to the defense team. Little details, such as gaps in the chain of custody records, could raise questions about the accuracy of chemical testing or other forms of evidence analysis. Defense lawyers can highlight any deviations from best practices. Factors such as how long the crime scene sat before police officers secured it can influence how useful and reliable the state’s evidence actually is during a trial.
Bringing in experts
Expert witnesses often play a critical role in criminal defense strategies. Forensic accountants could help prove that one person didn’t actually transfer or receive embezzled money. Chemists and other scientists could reinterpret evidence and show that the state’s case is not especially strong. In some cases, expert witnesses could help demonstrate how the state failed to follow appropriate scientific procedures when collecting and analyzing evidence.
The right way to counter evidence depends in part on the evidence the state has and the charges that a particular defendant faces. Securing legal representation as soon as possible after an arrest can help defendants develop criminal defense strategies that limit their risk of a conviction.