Concluding the three-part blog Criminal Defense Strategies: Getting the Prosecution’s Evidence Suppressed, this blog presents some further arguments that experienced criminal defense attorneys can use in court to persuade judges that the prosecutor’s evidence against the accused should be thrown out. While Parts 1 and 2 of this blog discussed arguments pertaining to incomplete evidence and evidence that was illegally obtained by police, respectively, here in Part 3, we will focus on discussing the argument that evidence has been tainted or somehow compromised. This criminal defense strategy specific pertains to arguing that:
- The chain-of-custody for the evidence was broken – When police collect evidence from the scene of a crime, from a suspect and/or from the a suspect’s property, there are specific procedures – known as the chain-of-custody – that police must follow in order to ensure that the evidence is properly handled and is not tainted, corrupted or compromised in any way by outside factors. The specific chain-of-custody for evidence will depend on the type of evidence collected, but some of the rules associated with maintaining the chain of custody include using gloves to touch evidence, keeping impeccable records of the evidence’s location at any given time, etc.When the chain-of-custody for handling or transporting evidence is somehow broken, experienced defense lawyers can argue that third parties could have gotten access to the evidence and that, as a result, it is no longer representative of what was originally collected. In such cases, knowing what parts or elements of the evidence have been tainted can be impossible, which can make the piece of evidence against the defendant rendered useless and inadmissible in court.One example of evidence that can be thrown out of court when chain-of-custody procedures are broken is DNA evidence.
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.