For any person facing criminal charges at any time, the weight of the prosecution’s evidence can feel overwhelming. Many people are of the belief that once the police have collected evidence against them, their fate is sealed. Yet, that couldn’t be farther from the truth.
A skilled criminal defense attorney is able to scrutinize, challenge, and even suppress evidence if they want to weaken the prosecution’s case. They can help you protect your right because the evidence of the prosecution is only as good as its reliability.
Lawyers know exactly where they can find chinks in the armor and can help you challenge evidence before it is too late. Let’s explore how criminal lawyers can potentially dismantle evidence to build you a strong defense.
The Chain of Custody
One of the first areas that a defense lawyer will target is the chain of custody which essentially tracks the movement and handling of evidence from the moment it was collected until it was presented in court.
This record needs to be meticulous and unbroken. In case there are any weak links, the integrity of the evidence is compromised. If a piece of evidence (a weapon, drugs, or digital files) was misplaced, improperly stored, or tampered with, a judge will rule it inadmissible.
Regardless of the evidence collected against you, there is still time to fight the case and prove yourself innocent. Things as small as a missing log entry or a discrepancy in handling and storing forensic samples for example can lead to a dismissal of the evidence.
In case law enforcement loses track of a crucial document before it is presented in court your lawyer can potentially argue that the evidence has been compromised. This serves as a break in the chain of custody. It is something an NYC criminal attorney can definitely help you out with. This eventually allows for that evidence to be thrown out.
Challenging Forensics
From much of what we have seen on crime shows, it is easy to conclude that forensics is a perfect science. Yet, even forensic techniques that seem foolproof (such as fingerprint analysis, blue mark identification, and DNA testing) have often been found to be unreliable under scrutiny.
If you have a competent defense attorney by your side you can definitely leave it up to them to analyze whether the forensic methods used were valid, whether they were properly executed, and if the individuals who were conducting the tests were qualified.
Lab technicians and forensic analysts can also make mistakes. If test results are misinterpreted, if the samples are contaminated, and even if misconduct is reported, this can lead to wrongful convictions.
Defense attorneys are experienced at bringing in independent forensic experts to review the prosecution’s findings. If inconsistencies are noted and any errors are discovered, the prosecution’s case is considerably weakened.
Illegal Search and Seizure
The U.S. Constitution is your line of defense against illegal searches and seizures. However, if you aren’t educated on your Fourth Amendment rights, violations can occur and you could fall prey to such issues.
If search was conducted by the police without a warrant, without probable cause, or if you were searched beyond a permitted scope, any evidence obtained can be deemed inadmissible to court.
For example, if the police entered your home without a warrant and confiscated your computer, claiming it contained incriminating data, your criminal defense attorney can prove that the search was unconstitutional and any findings related to it inadmissible.
Eyewitness Testimony and Accounts
Although eyewitness accounts often play a significant role in convictions, research has repeatedly stressed upon the fact that the human memory is unreliable and false memories do exist. Witnesses might misremember details, be influenced by other factors, or pressured by law enforcement to recall events in a specific manner.
Defense lawyers can definitely challenge this and expose contradictions in witness accounts simply by asking them the right questions. If a witness previously described the suspect wearing a red jacket but later testifies that it was blue, this can cast doubts on the credibility of their statement.
Similarly, in case the witness was intoxicated when they witnessed the event or had a poor vantage point, their testimony might be unreliable. However, it is essential to have a reliable and expert attorney by your side who knows to look for these tiny details.
False Confessions
You may think you’d never confess if you were innocent. However, there are many instances where innocent people confess to crimes they have not done. These often result from intense interrogations, especially when minors are subjected to them. Deceptive tactics can also be used to elicit a confession from a suspect.
A skilled defense lawyer knows all about leading questions and interrogative techniques. With access to recorded interrogations, police reports, and other evidence, they can conclude whether a confession was coerced. If an attorney is able to prove that you confessed under duress (through threats, sleep deprivation, or misleading information) the confession can be excluded from the evidence.
The Right Defense Can Change Everything
Evidence is not the end of the world. As we saw above, it can definitely be argued against and even become inadmissible at times. Although evidence is the backbone of any case, it is not always as solid as it looks. There are always weak spots the defense can exploit.
A smart criminal defense attorney knows just how they can challenge the prosecution’s key evidence by identifying different kinds of flaws as listed above. They can find errors in forensic analysis, expose unlawful searches, question witness credibility, and much more. By dismantling the prosecution’s evidence, a defense attorney can create the reasonable doubt that is necessary to protect your rights and secure the best possible outcome for you.
If you or someone you know is facing criminal charges, it is never too late to seek legal counsel from an experienced NYC criminal attorney. The law might be complicated but you can employ the right defense strategy and definitely escape even the most formidable evidence since all of them can be challenged. Justice isn’t about accepting what is presented; it is about ensuring the truth prevails at all times.