If you have been accused of committing some crime, part of your defense will involve gathering evidence that supports your version of events while another part will be focused on refuting the prosecutor’s version of events. When it comes to poking holes in prosecutor’s arguments, one of the best criminal defense strategies is to get their evidence (i.e., the evidence against you) suppressed or thrown out of court. When this happens, prosecutors will effectively not be allowed to introduce the evidence to the judge or jury during any future court proceedings, which can seriously weaken their case and increase the changes that the charges against you are reduced – or possibly even dismissed altogether.
Although the best strategy for trying to get the prosecutor’s evidence thrown out of court will depend on the nature of the evidence in question (as well as the facts of the case), the following are some general strategies and arguments that a skilled defense lawyer may be able to use to effective suppress the prosecutor’s evidence:
- The evidence is incomplete – When the evidence in question is a video or audio recording, a defense attorney may be able to argue that the recording is only fraction of the entire recording and that, as such, it’s missing key elements that would provide a greater context that would change the interpretation of the specific portion of the recording. For example, if the prosecutor’s evidence is 10 minutes of a 90 minute recording, it can be argued that the parts of the recording preceding and following the 10-minute portion change the meaning of that portion and, therefore, the entire recording is needed to clarify that portion.In such cases, a judge may choose to either order the prosecutor to produce the entire recording by a given date or to throw the recording out as evidence (meaning it cannot be used against the defendant). If the judge choose to order that the entire recording be produced by a given date and prosecutors are unable to do so, then the recording will also be thrown out of court.
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. As soon as you start working with our trusted criminal defense lawyers, we will begin investigating your case, interviewing witnesses and compiling evidence to support your defense. We will also work diligently to get the prosecution’s evidence against you thrown out of court and, whenever possible, to get the charges against you reduce or potentially even dismissed entirely. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.