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In facing criminal charges in New York, the role of a criminal defense attorney is very important, especially considering the way they handle the legal procedures and gather important evidence to support the case. As evidence can make or break a case, its impact on the case outcome is very huge. This blog will explain how the criminal lawyers handle different kinds of evidence from investigation through trial to ensure that their clients are appropriately defended.
Role of Evidence in Criminal Cases
In a criminal case evidence is the principal weapon which the prosecution employs to show that the accused is guilty. The prosecution has to affirm their case to the highest degree possible to convince the court that the defendant committed the crime. Criminal defense attorneys are fully aware of this and employ a variety of ways in which they can scrutinize the available evidence against their clients.
Evidence comes in different forms; it can be verbal in the form of a statement given by a witness, in physical form like tangible items, or in digital form like a scientific data. Each of the types of evidence has their own pros and cons. For instance, there is always a possibility for physical evidence such as fingerprints or DNA to be compromised in some way or other. Knowing these details helps criminal lawyers find weaknesses in the prosecution’s case.
The Investigation Phase
First there is the investigative step of dealing with evidence. A crime lawyer works hard to gather evidence which may be in favor of the client. This often involves:
- Collecting Evidence: Criminal law attorneys may engage the services of physical security agents to pursue items, undertake searches, identify people who can be of assistance, or provide relevant documents that can help the case.
- Interviewing Witnesses: Talking to possible witnesses may reveal details that are contradicting the prosecution story or supporting the defendant.
- Reviewing Police Reports: Police records are studied extremely carefully to find out any form of mistake that will give a loophole to the accused side.
Analyzing and Challenging Evidence
After the evidence has been collected, the defense attorneys work through them to try to find any flaws or problems. This analysis requires assessing the ways evidence was gathered and stored, plus the credentials of the prosecution’s experts. Forensic evidence, especially, is always scrutinized to ensure reliability and relevance.
The defense lawyers are also able to raise the issue of admissibility of the evidence when they ask how the evidence was acquired. If evidence was obtained in a manner that is forbidden by law, for instance by searching a person’s home without a warrant, the evidence may be regarded as inadmissible. This is governed by the Fourth Amendment which prohibits the performance of unreasonable searches and seizures. By filing pre-trial motions, defense attorneys can easily exclude questionable evidence from being presented during the trial.
Presenting Evidence in Court
When it comes to the trial, the criminal defense attorney presents the evidence that can work to the benefit of the client. This may include having witnesses come to give their testimony, showing physical evidence, or presenting expert opinions. The aim is to produce a doubt in the minds of the jury to the allegations made by the prosecution.
An attorney’s communication skills are also important in presenting the evidence as well as the knowledge of the legal processes. Criminal law attorneys must also be very keen to challenge the witnesses presented by the prosecution and show that they are lying. In doing so, they plan to cast doubt on the prosecution’s evidence to reinforce their client’s innocence.
Utilizing Expert Witnesses
Defense counsels may call for forensic specialists, psychologists or any other professional to testify in a manner that favors the side of their defense. These experts can also clear cognitive misconceptions about technological segments of the evidence that can be understandable to the jurors.
For instance, in DNA cases, the defense lawyer may have a consultant in the field of DNA analysis, whose role would be to explain to the jury issues to do with the reliability of the methods of DNA analysis used and the possibility of cross-contamination. By providing expert opinions, defense attorneys can cross-examine the prosecution’s case to strengthen their client’s defense.
Negotiating Plea Deals
Sometimes the evidence is very strong against a defendant and this means that the trial is not in their favor. In such cases, the criminal defense attorneys can try to negotiate a plea with the prosecution. This involves debate about how much to minimize charges or ask for alternative sentencing options to secure a plea bargain.
Defense lawyers use the knowledge they have about the facts of the case and understand the advantages and downsides of the case in the course of the negotiations. They protect their clients’ rights and seek to obtain the best results in a given case. This can include requesting for a less severe punishment or putting the defendant through a rehabilitation program instead of incarceration.
Trust Our Experienced Attorneys
If you or someone close to you has been charged with a crime in New York, it is advisable to seek help from a criminal defense lawyer. Their experience in gathering evidence and the legal procedures will help to improve the outcome of your case immensely.
You can reach us at The Law Office of Steven S. Siegel PLLC for a consultation with a professional defense lawyer. The members of our team, including Steven Siegel, are here to offer you the most aggressive and proficient legal defense in Nassau County and the rest of New York.
