When you’re charged with a criminal offense, the police and prosecutors handling your case are going to make you feel like they have you dead to rights. But don’t let their overconfidence fool you. Very rarely is a criminal case as open and shut as the state proclaims it to be. One reason is because law enforcement often makes mistakes that if exploited in a criminal defense can completely tank the prosecution’s case. But the state isn’t going to own up to its mistakes on its own. The burden is on you to highlight its shortcomings so that you can protect your interests throughout your criminal case. If you play your cards right, you may wind up escaping conviction altogether.
There are several that could come into play in your criminal case. Here are some of the most common and most impactful:
- Warrant application errors: If incriminating evidence was seized from your home, place of employment or vehicle, and that search was conducted utilizing a warrant, then you need to scrutinize the circumstances surrounding the warrant application. Probable cause must exist for warrant to be issued, but all too often the facts relied upon to find probable cause are misleading or downright false. If that’s the case, then you might be able to successfully argue that the warrant was issued in violation of your rights.
- Search execution errors: A search supported by a warrant should be limited in scope, the extent of which is specified in the warrant itself. If the police go beyond the scope of authorization, then they’ve stepped on your Constitutional rights, and you may be able to block any illegally seized evidence from being used against you. The same can be said of situations where the police erroneously rely on an exception to the general warrant requirement.
- Failure to advise you of your rights: Before the police can subject you to custodial interrogation, they have to advise you of your Miranda rights, including your right to remain silent and your right to an attorney. If they fail to do so, then they’ll most likely be precluded from using any statements you made as evidence at trial.
- Use of coercion: The police can be aggressive when trying to get a suspect to answer questions. If they used intimidation or threats against you or your family to get you to talk, then any subsequent statements you made were likely coerced. The court will be more inclined to block these statements from being used against you at trial.
- Evidence collection errors: Before submitting exhibits into evidence, prosecutors have to demonstrate that the evidence is what they claim it to be. But if the police mishandled the evidence or stored it improperly, then you might have a valid argument that it’s been compromised and therefore shouldn’t be found reliable. This could diminish the weight given to this evidence, if not outright block it from being used against you.
Don’t allow yourself to be convicted on faulty evidence
Even though the evidence in your case might seem insurmountable, don’t let yourself fall into despair. Instead, carefully analyze the facts surrounding your case and fully scrutinize the evidence. By doing so, you might find areas of opportunity that you can exploit to protect your freedom and your future. If you want to learn more about how to do that, then please continue reading up on defense strategies that may be applicable to your situation.