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 3 ways to challenge the evidence in a criminal case

On Behalf of | Oct 10, 2022 | Criminal Defense |

Every prosecution rests on the strength of the evidence the state has in its possession. Yet, what the prosecution claims is irrefutable evidence isn’t always as foolproof as they say. Hence looking for ways to challenge evidence can be a key defense strategy in any criminal case.

Here are three ways your California defense team might be able to challenge the evidence in your case and raise reasonable doubts:

By presenting evidence to the contrary

The prosecution presents a passerby who says they saw you at the crime scene around the time it occurred. If you can find another person who will stand up and say you could not have been there because you were with them, it can negate the passerby’s testimony. Alternatively, you could use receipts or other time-stamped documents to prove you were elsewhere.

By casting doubt on the validity of a physical piece of evidence

If the prosecution presents an item they claim you used in an attack, you need to look at what records the police have to prove that it was:

  • Found where they say it was
  • Found when they say it was
  • Stored securely so that no one could swap it out or mix it up

By showing the police did not have a right to collect a piece of evidence

Let’s imagine you are accused of a crime based on information discovered on your computer. The police cannot just go around seizing people’s electronic devices. They usually need a search warrant if they wish to enter your property and take things. Without one, a judge may refuse to admit the evidence.

Do not give up hope if facing criminal charges. If you seek help from an experienced criminal defense team, you may find defense options you have never even considered.