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When should evidence be excluded from your case?

On Behalf of | Dec 30, 2022 | Criminal Defense

You’re facing criminal charges which means that the police and prosecution have produced evidence against you. They may be of the opinion that the evidence is compelling, but this isn’t necessarily true.

Part of your defense strategy will likely be challenging the validity of evidence brought against you. In the following instances, the evidence could be inadmissible.

Is the evidence prejudicial?

If you’re facing criminal charges then what should be discussed during your trial are the facts relating to those specific charges. So, if the prosecution says that you were suspended from school ten years ago, and this shows that you are a bad person, it actually really bears no relevance to the case in hand. This evidence would be said to lack probative value, making it prejudicial in nature.

Was the evidence obtained unlawfully?

Many charges are lodged based on the physical evidence that has been discovered. Often, this evidence is seized during searches. The Fourth Amendment of the US Constitution protects all citizens from unlawful searches. So, evidence found from a search must have been subject to a valid search warrant or a search based on probable cause. If this was not the case, then it should be ruled inadmissible.

Hearsay evidence

Typically, hearsay evidence is also inadmissible in criminal cases. Essentially, this involves someone giving a secondhand account of something they have heard rather than seen or experienced directly. For instance, some could say that they overheard someone talking about you committing the alleged offense.

You have a right to remain innocent until proven guilty and you do not have to go up against the prosecution alone. Having legal guidance on your side will help to highlight any flaws in the evidence produced against you.