Facing criminal charges can be very daunting, particularly when your liberty, profession and personal life are on the line. With that said, being charged does not mean guilt. You have a right to a criminal defense and the prosecution doesn’t always get things right.
Errors from the prosecution could result in your charges being reduced significantly or even dismissed. What types of errors might the prosecution make?
The use of inadmissible evidence
To establish guilt in a criminal court, the prosecution must provide evidence that proves guilt beyond all reasonable doubt. This is a very high standard. The prosecution’s evidence must not only be accurate and foolproof but it must have been obtained lawfully.
One of the more common prosecution errors is to try and use inadmissible evidence. This could be evidence obtained from an unlawful search and seizure, or coerced confessions, to give two examples.
The use of unreliable evidence
Certain types of evidence may be admissible, but that doesn’t mean they are reliable. One good example of this is eyewitnesses. Even reliable eyewitness testimony can be problematic, but there are cases when eyewitnesses become completely unreliable. For example, an eyewitness may have made a statement simply because they do not like the defendant and are trying to stick up for a family member. Or, an eyewitness may have some physical or mental health issues that mean they cannot give credible testimony. There may also be instances of eyewitnesses being forced into making statements and providing testimony.
The prosecution can make errors and it’s important to challenge these in your case. Seeking legal guidance is one of the best places to start.