Picking up from Criminal Defense Strategies: Getting Evidence Thrown Out of Court (Part 1), the following provides additional possible arguments that can be used by skilled defense lawyers to try to get evidence against the accused to be deemed as inadmissible in court. In addition to arguing that recorded evidence is incomplete or that confessions were coerced by police, defense lawyers may also be able to argue that:
- Police illegally obtained the evidence: Specifically, this can entail arguing that police violated the accused individual’s Fourth Amendment rights in illegally searching him (or his property) and seizing the evidence in question. If police did not have a search warrant or the defendant’s permission to conduct the search but proceeded to search the property and seize evidence anyways, then the obtained evidence will likely not be admissible in court.
- Police failed to read the accused his Miranda Rights: Upon detaining a person and questioning him, police are legally required to read that individual his Miranda rights to inform him of his Fifth Amendment rights. If police fail to read these rights to the accused, then anything the accused says after that point – including any evidence that police may obtain from what the accused says – cannot be used in court against that individual.
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.