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The state’s case may not be as strong as it seems

On Behalf of | Jun 21, 2024 | Criminal Defense

It is normal to feel incredibly anxious about pending criminal charges. The realization that a prosecutor feels confident bringing criminal charges can make people quite nervous. The average person might rush to the conclusion that their conviction is all but inevitable. Even those who know they did not violate the law may start to wonder whether pleading guilty may not be the better option.

Contrary to what people often assume, it is fully possible to fight criminal charges even when the prosecutor claims to have substantial evidence. Despite the prosecution’s decision to bring charges against someone, the state’s evidence may not actually be strong enough to win at a trial.

Some evidence isn’t legal to use

There are many ways that police officers could collect unusable evidence. They may conduct a search with neither someone’s permission nor a warrant. It is theoretically possible to prevent the prosecution from using evidence gained illegally or through a violation of a defendant’s civil rights. In fact, a failure to advise someone of their Miranda rights could also lead to a lawyer questioning the inclusion of certain evidence. If the state broke the rules while gathering evidence, then that evidence may not be useful during a trial.

Some attempts at analysis are improper

Perhaps the evidence itself isn’t inadmissible. However, the conclusion that the state has reached after analyzing the evidence is highly questionable. Perhaps the state used blood spatter from crime scene photographs in an attempt to connect someone to a criminal offense. Maybe the state didn’t maintain proper chain of custody records for evidence taken into state custody for chemical testing.

Mistakes regarding protocol could raise questions about the accuracy or usefulness of evidence. Trying to use junk science to connect someone to a crime could also undermine the prosecutor’s case. Defense lawyers may even choose to bring in expert forensic witnesses who can provide their own analysis of critical state evidence.

The best defense strategy is generally a plan developed based on the evidence the state has. Fighting back against criminal charges often begins with a review of the evidence connecting someone to the criminal incident. Those who understand that not all evidence is equally valuable may feel more confident about a decision to fight their charges.