Tag: evidence thrown out in court

How to Get Evidence Thrown Out in Court

How to Get Evidence Thrown Out in Court

Being charged with a crime is not the same as being convicted of one. To convict a defendant of a crime, the prosecution must present evidence that proves the defendant is guilty beyond a reasonable doubt. However, some of the evidence that the prosecution wants to use may not be admissible in court. Here are some of the reasons why evidence is thrown out of court:

Fourth Amendment Violation

The Fourth Amendment protects people from unlawful searches conducted by law enforcement officers. In most cases, a police officer must have a search warrant to conduct a search of someone’s property and seize evidence during the search. But, there are exceptions to this rule that permit law enforcement officers to conduct searches in certain situations.

The prosecution cannot use evidence that has been gathered in an unlawful search. If a criminal defense attorney believes this kind of evidence is being used against you, he can fight to have it thrown out of court.

Miranda Rights

Anyone who is being questioned by law enforcement officers has a number of rights, which are referred to as Miranda rights. These rights include the right to remain silent and the right to an attorney. Law enforcement officers must read these rights to anyone who has been taken into custody for questioning. If they fail to do so, the statements the suspect makes during the interrogation may be thrown out of court.

For example, let’s say you are taken into custody for questioning and no one reads your Miranda rights. You do not realize that you have the right to remain silent, so you confess to committing theft. Because you were not informed of your rights prior to the interrogation, this confession will most likely be ruled inadmissible.

Handling Errors

The prosecution must be able to show who had possession of each piece of evidence from the time that it was collected to its presentation in trial. They must also be able to show that the evidence was handled and stored properly. If it can be proven that there was an error made during this process, the evidence could be thrown out.

For instance, let’s say law enforcement officers failed to mark the bags of drugs that were seized during a search of the defendant’s home. Because there were no marks or labels on the evidence, the defense can argue that law enforcement has no way of distinguishing this evidence from bags of drugs seized from other suspects. This argument could convince the judge the throw the evidence out of court.

If you are being accused of committing a crime, seek legal representation from the criminal defense attorneys at Reisch Law Firm. We will aggressively poke holes in the prosecution’s case in order to fight the charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.