State prosecutors usually only bring charges in scenarios where they feel confident about securing a conviction. Typically, they reach that conclusion because they have adequate evidence gathered by law enforcement professionals or state investigators.
There are many different ways for people facing criminal charges to respond. Many people plead guilty, even though they insist they are innocent. Others choose to fight back and prove they didn’t break the law. Those who acquire the assistance of a criminal defense attorney can develop a defense strategy that can help them prevail in criminal court.
Sometimes, they bring in an expert witness to question how the state handled evidence. Other times, they produce their own evidence, such as proof of having an alibi at the time of a crime. Occasionally, the most effective strategy is to prevent the prosecutor from using certain evidence.
What legal process allows an attorney to prevent the state from using specific evidence during a criminal trial?
The exclusionary rule protects defendants
Many of the Constitutional rights enshrined in the Bill of Rights benefit those accused of breaking the law. The Fourth Amendment protects people from unreasonable searches and seizures. There are limits to when and how police officers can search private property or an individual’s person.
If police officers break the rules that govern searches, the evidence they find may not be useful if the case goes to trial. The exclusionary rule allows a defense attorney to challenge the inclusion of evidence gathered through illegal activity or a violation of a defendant’s rights. Items found during illegal searches or confessions secured after failing to provide the Miranda warning to someone under arrest may be subject to legal challenges.
If police officers searched a vehicle or a home without a warrant, permission or probable cause, what they found may not be admissible in court. Similarly, if an officer stops and frisks someone without a reasonable suspicion of them having a weapon, what they find in that person’s pockets may not be usable evidence.
Defendants feeling concerned about the state’s case may need help reviewing evidence and developing a viable criminal defense strategy, and that’s okay. Keeping certain evidence out of court can be a key component of a defense strategy or might even result in the state dismissing pending charges.