There are numerous defense strategies that can be effective for different types of criminal charges. Those facing violent crimes, for example, might assert that they acted in self-defense and lacked criminal intent at the time of an altercation.
There are also several common strategies that are useful in a number of different criminal scenarios. Those facing criminal charges may need to evaluate charge specific defense strategies, as well as universal tactics, such as attempts to suppress evidence.
Limiting what evidence the prosecution can present during a criminal trial can reduce the burden on a defense attorney trying to raise a reasonable doubt about their client’s guilt. In some cases, evidence suppression may lead to the courts dismissing pending charges due to insufficient evidence.
When can defense attorneys seek to suppress evidence gathered by the state?
When misconduct or civil rights violations occur
The Fourth Amendment protects people from unreasonable searches and seizures. There are numerous other legal protections that also limit law enforcement authority and establish baseline civil rights for those implicated in a criminal investigation.
Defense attorneys can invoke the exclusionary rule to suppress or exclude specific evidence gathered through civil rights violations or illegal searches. When there’s proof that police officers violated the law or the rights of a defendant, their misconduct can lead to the courts setting aside the evidence they gathered.
When there are issues with the evidence
Defense attorneys can also file pretrial motions highlighting irregularities with the state’s case to suppress or exclude evidence before a trial. Any issues that could compromise the evidence could warrant its suppression.
If there is a problematic gap in the chain of custody for chemical or forensic evidence, for example, that could lead to questions about the accuracy of chemical test results or the possibility of evidence tampering. If the state laboratories use outdated systems to store or test critical evidence, those scientific failures could also help the defense team suppress specific evidence.
Working to address the state’s evidence by excluding some of it from the trial can be a highly effective defense strategy in a broad range of different criminal scenarios. Discussing the circumstances that led to an arrest with a skilled legal team can help defendants explore their options and develop a realistic strategy for fighting their pending criminal charges.