Prosecutors need to meet a burden of proof to successfully prosecute a defendant accused of a crime. There is a very high standard of proof to meet in a criminal case. The prosecutor needs evidence that convinces the courts of the defendant’s guilt beyond a reasonable doubt.
Meeting that standard requires different forms of evidence depending on the alleged legal violation. Prosecutors must convince judges and/or jurors that the circumstances meet the necessary standards for specific charges. Prosecutors often use a variety of different types of evidence when developing criminal cases.
Witness statements, security camera footage, forensic evidence, financial records and a host of other types of proof can help a prosecutor convict an individual of criminal activity. In some cases, defense strategies rely on challenging the inclusion of certain evidence during a criminal trial.
How can a defense attorney successfully challenge a prosecutor’s evidence?
By showing that something improper happened
There are many restrictions on police officer conduct. For example, they cannot conduct searches without probable cause, permission or a warrant. They have to inform people of their Miranda rights before questioning them after an arrest. They must respect an individual’s right to remain silent and allow them to contact an attorney if they request to do so.
In many cases, lawyers successfully challenge the prosecutor’s evidence by invoking the exclusionary rule. They show that police officers broke the law or violated an individual’s rights to prevent the use of ill-gotten evidence during a criminal trial.
By questioning technical details
It is sometimes possible to challenge the use of evidence on the basis of inaccuracy or contamination. For example, chemical test results from an uncalibrated breath test unit may not hold up under scrutiny and prove beyond a reasonable doubt that an individual had an elevated blood alcohol level.
Gaps in the chain of custody or issues with scientific procedures can provide defense attorneys with an opportunity to challenge the use of evidence on the basis that it is inaccurate or unreliable. Expert witnesses can play a key role in challenging questionable forensic evidence.
Preventing prosecutors from using certain evidence can sometimes lead to the dismissal of pending charges or help pave the way for a straightforward criminal defense strategy. Defendants who talk about the origins of state evidence with a skilled legal team can determine if the state’s case may not be as strong as it initially appears.