Every criminal case is unique, and therefore, every defense strategy differs from the next. Attorneys generally help their clients respond to the unique circumstances that led to their criminal prosecution. Lawyers might help reanalyze evidence in some cases or locate expert witnesses who can undermine the state’s claims.
They can also negotiate plea bargains with the prosecutor to reduce the charges or limit the penalties that an individual faces after entering a guilty plea. In some scenarios, lawyers may even be able to convince the state to dismiss the pending charges. They may do so by identifying issues with the state’s case. Sometimes, that process involves preventing the state from using certain evidence.
How can lawyers convince the courts to set aside evidence that might lead to the conviction of their clients?
Defendants have protected rights
The Bill of Rights enshrines many key legal protections that may prove invaluable to those facing criminal charges. The right to a trial by jury can be very important. So can the right to be free from unreasonable searches and seizures of private property.
Sometimes, police officers violate the rights of individuals in their eagerness to make an arrest or identify a suspect. They may conduct searches when they have no warrants and lack probable cause or permission. They may rush forward with questioning an individual without informing them of their critical Miranda rights.
In either situation, officers could obtain evidence that the state cannot legally use during criminal proceedings. If attorneys can show that law enforcement professionals violated an individual’s rights during an investigation or interrogation, they can ask the courts to set aside any evidence obtained through that misconduct.
In a drunk driving case, an illegal traffic stop might mean that the state can’t use a confession or a failed breath test against a driver, for example. Illegal searches could also prevent the state from introducing information about the drugs allegedly found in a vehicle or in somebody’s backpack.
Those hoping to fight back against criminal charges may benefit from exploring a variety of different criminal defense strategies, including efforts to eliminate ill-gotten evidence. Discussing pending charges and the conduct of police officers with a skilled legal team can help defendants and their legal teams develop a reasonable defense strategy accordingly.