When the state charges you with a criminal offense, the prosecution is going to act as if its case is failproof. Sure, they might have evidence indicative of criminal wrongdoing, but you shouldn’t accept that evidence as being admissible and thus determinative of your future. Instead, you need to closely analyze the evidence in your case to see if there are ways that you can suppress it or at least minimize its impact on your case.
One reason to do this is because law enforcement makes mistakes in criminal investigations all the time. If you don’t call out these errors, then you could end up being convicted on faulty evidence that would’ve been deemed inadmissible if you’d just made the right arguments. So, to protect your rights and your future, you need to be able to identify these errors and aggressively attack them.
But what law enforcement errors should you be looking for?
It’s going to depend on the facts of your case, but there are some common mistakes to look for. This includes:
- Improper evidence collection: If the prosecutor intends to submit physical evidence in your case, then they’ll have to provide reasonable assurances that the evidence is what they claim it to be. That might sound easy to do, but if the police mishandled evidence or stored it improperly, then that evidence can be compromised. In those situations, you can probably have the evidence suppressed or at least successfully attack the weight of the evidence so that it’s not as damaging as initially thought.
- Not reading you your Miranda rights: When you’re subjected to custodial interrogation, the police are supposed to read you certain rights that you have, including the right to remain silent and the right to have an attorney. If they fail to advise you of these rights, then any statements that they obtain from you are in violation of the law, meaning that you can block them from being used against you in court.
- Misusing warrant exceptions: The U.S. Constitution gives you protection from unreasonable searches and seizures. Therefore the police are supposed to obtain a warrant from a judge by presenting probable cause that a crime has been or is being committed. There are a lot of exceptions to the warrant requirement that allow the police to conduct a search under limited circumstances, but the police often misuse these exceptions. When they do, evidence that’s seized is illegally obtained and inadmissible in court.
- Misconstruing the facts: This is one of law enforcements greatest strengths, but it can also be one of their greatest weaknesses. If you can show that the police simply misunderstood the evidence they were dealing with, then you can minimize its value in your criminal case, which could be a tipping point in your favor.
Don’t be convicted on faulty evidence
We understand that you might have a desire to get through your criminal case as quickly as possible, but you don’t want to move so swiftly that you jeopardize your freedom and your future. It’s okay to take the time you need to fully vet the evidence and craft the strongest criminal defense possible under the circumstances.
That can be daunting to think about, but you don’t have to shoulder the burden of your criminal case on your own. You can find support from family members and friends, and you can secure legal counsel if that’s what you feel is right for you. What’s important to remember is that you have criminal defense options and that you don’t have to give into the prosecution.