Without evidence, it can be difficult or impossible to convict someone accused of a crime. However, even a small amount of evidence can be used to gain a conviction, and the evidence used by the prosecution should be taken into account in the defense plan created by the accused’s lawyer. The lawyer will want to look over all evidence carefully and determine if there’s a way to avoid it being used in a trial. If this is possible, the prosecution may not have enough for a conviction, and it may be possible to have the charges dismissed.
Check the Validity of the Evidence
The lawyer for the accused will look into the validity of the evidence and whether it will be allowed in court. Evidence that is collected due to hearsay, for instance, may not be admissible. There may be other types of evidence that will not be admissible in court, even though it is incriminating, depending on the situation. Evidence from someone who heard about what happened, but who wasn’t there, might be considered hearsay and, therefore, not be valid or allowed to be used in a trial.
Check Whether the Evidence was Legally Collected
If the evidence was collected during a search, the search needs to be legal for the evidence to be able to be used in court. If, for instance, an officer did not have permission or probable cause to search a vehicle, it’s possible that anything found as a result of that search may be inadmissible in court. This can go further, as well. If evidence found during an illegal search leads to other evidence, that evidence may be inadmissible, as well. There are times when the second set of evidence can still be allowed, however, so this is something an experienced lawyer will need to review.
Check the Chain of Custody
Physical evidence collected must be kept stored properly and can only be accessed by those who have the proper authorization. Every time someone accesses the evidence, it must be recorded properly. If the chain of custody is broken for any reason, it could be argued that it’s possible the evidence has been tampered with. This could mean that the evidence is no longer admissible since it’s not possible to guarantee that it was not tampered with and that it is exactly as it was when it was collected. A lawyer can review the chain of custody to see if it has been broken.
If you’ve been arrested, the evidence found can be used in court to guarantee a conviction. However, it may be possible to get some or all evidence dismissed, which could mean avoiding a conviction. The only way to know if this is possible is to have one of the experienced Okmulgee lawyers review the case as soon as possible. Take the time to speak with a lawyer today to learn more about how they can help with your case and find out if it’s possible to avoid a conviction by having the evidence against you dismissed.
