Evidence is crucial in a criminal case as it facilitates the court in determining whether an individual is guilty or otherwise. Not all evidence, however, can make it to court. A lawyer can also seek the court to exclude evidence obtained improperly. It ensures justice is just and the rule of law is enacted correctly. This includes using only legal evidence against clients and ensuring that clients understand their rights and the laws under which their case falls.
Violation of Rights
One means of excluding illegally obtained evidence for lawyers is to show that the police violated a person’s rights. The law protects people against illegal searches and seizures. That means that police need to obtain permission from the court, known as a warrant, before they can search somebody’s house, car, or personal possessions.
This is what a lawyer does. Suppose the police get a piece of evidence without a warrant and without a good legal reason to do so. In that case, the lawyer can motion to have that evidence thrown out of the case, and if they are successful, the judge will have the other side remove the evidence.
Forced Confessions
Another means is to demonstrate that the cops coerced someone into providing information. Under the law, a person must voluntarily give information to the police. If the police intimidate, deceive, or coerce a person into speaking, that information cannot be used before a court of law. A lawyer trained in the law will look closely at how the police obtained the evidence and ensure that his client’s constitutional rights were not violated.
Improper Handling of Evidence
If police fail to follow proper procedures, lawyers can also seek to exclude evidence. The law sets clear rules for police on how to handle evidence. For instance, when a police department loses key documents, misplaces samples, or fails to preserve evidence correctly, the lawyer may contend that the evidence is unreliable. The court might ultimately rule that the evidence can’t be used at the trial. And this is why having the proper legal representation is critically important in a criminal case.
Irrelevant Evidence
A second way is arguing that the evidence is irrelevant to the case. If the evidence doesn’t establish anything about the crime, it may not help in a court of law. A good criminal lawyer will review every piece of evidence and ensure that only pertinent and lawful proof is allowed. This aids in providing a fair result for the criminal accused.
The ”Fruit of the Poisonous Tree” Principle
Lastly, lawyers can use the “fruit of the poisonous tree” rule. This means that if the first piece of evidence was obtained illegally, all evidence from it is also illegal. For example, if the police discover a phone via illegal methods and then use that phone to get further information, all of that information could then be deleted from the case. A lawyer will review how the evidence was gathered and confirm the law adhered to.
Conclusion
Having the right criminal lawyer is critical if you are facing a criminal case. A competent lawyer can defend their client’s rights and may challenge illegal evidence. They will scrutinize every minute aspect of the case and vigorously seek to suppress any evidence improperly obtained. This ensures a fair and just trial. You must contact a legitimate law firm like Scarborough criminal law firm to get the best defense possible if you are charged with a crime.