You may think your fate is sealed if you are charged with a criminal offense, and the evidence against you seems insurmountable. However, it is essential to remember that the prosecution’s evidence does not necessarily guarantee a conviction.
As much as the evidence may appear solid, you can successfully challenge it and weaken the case against you. Remember, the prosecution must prove your guilt beyond a reasonable doubt, and it may be a long shot without concrete evidence. Below are some of the strategies your defense may employ:
Challenging the admissibility of the evidence against you
If the evidence against you was obtained illegally, such as through an illegal search, it will likely not be admissible in court. A judge will usually not admit questionable or unlawful evidence to trial, given its importance in the court’s verdict. In legal terms, this is known as suppressing evidence, and it can significantly affect the outcome of your case.
Identifying police mistakes when handling your evidence
The police may have tampered with, contaminated or lost the evidence while it was in their custody. These are known as chain of custody errors, and like evidence obtained unlawfully, they are a valid ground for excluding evidence from your case.
Questioning the reliability of witnesses
Witness testimony can be subjective and may be influenced by bias, memory lapses or misperceptions. Since the defense has a constitutional right to question the witnesses against you during your trial, asking the right questions can undermine the prosecution’s case.
If you are charged with a criminal offense, do not sit back and let your case run its course. Instead, seek legal counsel for help in mounting a serious defense of the charges you face and increase the odds of a favorable verdict.