Once criminal charges have been filed against a person, one of the best ways to weaken prosecutors’ cases is to get the alleged evidence against the accused individual thrown out of court. When evidence is thrown it, it means that it cannot be used against the defendant or presented to the jury or judge during trial (or any court proceedings), which can seriously hobble prosecutors’ arguments. The following provides some general criminal defense strategies that can be used to try to get evidence against the accused thrown out of court:
- Arguing that the evidence is incomplete: When the evidence in question is an audio or video recording, a defense lawyer may be able to argue that the recording is incomplete and, therefore, should not be able to be used against the defendant. The idea behind this criminal defense strategy is point out that the greater context of the recording (i.e., before or after the snippet being used as evidence) changes the interpretation of the snippet itself. If judges agree that a recording is, in fact, incomplete, they can either give prosecutors a deadline by which to provide the complete recording as evidence or they can dismiss the recording as evidence altogether.
- Arguing that evidence related to a confession was coerced: When the evidence in question includes the defendant’s alleged confession to the crime, a defense lawyer may be able to argue that the confession was somehow physically coerced from him. This argument involves providing evidence (or, in some cases, reasonable suspicion) that police threatened the defendant or physically harmed him (or his loved ones) in an effort to force him to confess.
Denver Criminal Defense Lawyers
The authorities take allegations of felony crimes, particularly when they have allegedly been committed by individuals who have a criminal record or when they involve victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.