In any criminal proceeding, the prosecutor must prove their case against you beyond a reasonable doubt. They need to prove every single element to win a conviction from a jury. If they fail to prove a single element, you will be found not guilty of the crime. The prosecution needs evidence to back up each and every single thing that they allege against you. Without it, they simply do not have a case. At the same time, your criminal defense lawyer can present evidence that may weaken the prosecution’s case against you. The exact evidence that may be admissible in court is a vital issue in any criminal case.
Evidence Backs Up the Theory and Story of the Case
Both you (as the defendant) and the prosecutor are each presenting a story of the case. From the prosecution’s standpoint, they are trying to demonstrate a narrative that shows that you committed a crime. From your perspective, you want to show why the prosecutor does not have the necessary evidence to convict you since you are innocent until proven guilty. Each side will have its own time to present its case, which involves introducing evidence into the court proceedings.
Forms of Evidence in a Criminal Case
In a criminal case, the available range of evidence can include the following:
- Witness testimony from people who have knowledge of key facts that can be used to prove or negate a key element of the case
- Digital evidence that is found in files, whether it is emails or text messages or anything else that can be used to prove guilt or innocence
- Physical evidence, such as a weapon that was alleged to have been used in the crime or fingerprints
- DNA evidence that can be used to connect you to the crime
- Expert witnesses may testify to help establish a certain fact or to educate the jury on a matter
Direct vs. Circumstantial Criminal Evidence
Evidence in a criminal case can be direct or circumstantial. Direct evidence consists of something that can be directly used to prove a fact. This type of evidence is the strongest type of proof that both you and the prosecutor may have. Either party may also resort to the use of circumstantial evidence, which can suggest a fact, but it does not directly prove it.
Circumstantial evidence may be enough to either cause the jury to make an inference or to weaken a perception that they may otherwise have. An attorney may use circumstantial evidence to either augment direct evidence, or when they do not have this type of evidence available. If the case against you rests largely on circumstantial evidence, the prosecutor should strongly reconsider whether they want to move forward because it may not be the strongest case.
Not Every Form of Evidence Can Be Introduced and Used Against You
Evidence must meet certain requirements to be introduced into your case. There is an extensive list of rules of evidence on the state and federal levels that govern the admissibility of evidence in your case. Further, if the prosecution is trying to use evidence against you that it took from you, the search needs to have a valid basis in the first place. Namely, the search must have been based on probable cause or an exception to that requirement.
The prosecution will need to provide you with a list of evidence that it intends to use against you at trial. Your criminal defense lawyer can file a motion to suppress evidence that was taken in violation of your rights. If the judge rules in your favor, the prosecutor can lose a key part of their case against you. It is not uncommon for a prosecutor to drop charges against you or be willing to negotiate a much more favorable plea bargain if they lose key evidence. Without certain proof, a prosecutor may know that they have no way to win a conviction at trial, and they will be ethically obligated not to take their case forward.
If the evidence does not meet the rules, your criminal defense attorney can object to it. There are times when specific witness testimony may be contrary to the rules of evidence, and your criminal defense attorney can object and seek to have their objection upheld. For example, a witness can be offering something that can be considered hearsay. It is not something that they directly heard or saw themselves, but it may be something that they heard related by someone else. The judge could order the testimony stricken from the record. In the end, the jury is weighing the actual evidence that they heard in court to assess the prosecution’s case. They cannot improperly rely on evidence that does not meet legal standards, or else you may have valid grounds to appeal a conviction.
Your criminal defense lawyer can also act to weaken witness testimony at trial through cross-examination. Under the Sixth Amendment to the United States Constitution, you have the right to confront any witness who is testifying against you in court. Your defense attorney can attack the credibility of witnesses, and they can sow doubt about what they are saying in the eyes of the jury.
Hire a Criminal Defense Lawyer Immediately
It is vital that you hire the Law Offices of Evan E. Zelig, P.C., a criminal defense lawyer early in your case, so you have the option and ability to aggressively challenge any evidence that the prosecutor wrongfully proposes to use against you in court. In some cases, the prosecutor may receive a strong message that you intend to vigorously fight early in your case, which can determine their own actions going forward.
If your criminal defense lawyer is able to successfully challenge key pieces of evidence, it can dramatically strengthen your own legal position, whether you choose to negotiate a plea bargain or fight the charges against you all the way to a jury. In the meantime, you should not provide the prosecutor with any further evidence when you are under no legal obligation to do so. Your attorney can help you avoid this pitfall. Don’t delay, call today.