There are numerous different types of evidence or documents that may be needed in a criminal case, depending on the type of case an individual is involved in. Examples of criminal evidence that may be used include:
- An eyewitness, or a crime witness;
- A police report, if applicable;
- Other types of witness statements;
- Crime scene photos;
- Any relevant videos, for example, dashcam videos;
Other documents that are helpful:
- Anything that may be used to establish an alibi, such as:
- Pay stubs;
- Receipts;
- Work schedules; or
- Other documents;
- Any documentation that may serve to undermine the criminal charge, such as a receipt for goods claimed to be stolen, or written permission to use an item allegedly stolen.
A criminal lawyer is best equipped to determine exactly what types of evidence will be helpful for a defendant during their criminal case.
How Will This Evidence Make My Criminal Case Stronger?
The strongest case a defendant can present is presented to the court by a criminal lawyer. A criminal lawyer will be familiar with the rules of evidence and will know how to present the most effective case to the judge or jury.
There are many different types of evidence used in criminal cases, all with their own sets of rules regarding admissibility. The strongest evidence will show that the defendant either had an alibi or did not actually commit the offense they are charged with.
If a defendant can provide a witness who can state that it was not possible for them to have been at the scene of the crime because, for example, they were at work, that is strong evidence of innocence. A defendant may also be able to use their timesheet from work or a receipt showing they were at a different location at the time of the crime.
A criminal attorney will know what evidence can be presented in court. In some instances, evidence is excluded for various reasons, some of which are foreseeable and some of which are not.
A lawyer will be prepared for these types of issues and will most likely have an alternative form of evidence or knowledge of an exception that will allow the evidence to be admitted. Although an individual is allowed to represent themselves, one who does is said to have a fool for a client.
A criminal conviction may result in much more than a criminal record, including issues obtaining employment and even issues with child custody and visitation. Because it can affect so many aspects of a defendant’s life, it is essential for a defendant to have a lawyer represent them in court.
If the lawyer can present enough favorable evidence, they may be able to negotiate with the prosecution for a reduction in charges or, in some cases, a complete dismissal of the charges.
How to File Evidence in Criminal Court
Filing evidence in criminal court is a complex and often arduous task that is best completed by a criminal lawyer. Before a trial, the parties will be involved in a process called discovery, which requires both sides to provide their evidence and potential witnesses to one another in preparation for trial.
Examples of documents and materials that are included in the discovery process are as follows:
- Police reports;
- Witness statements;
- Photographs;
- Videos; and
- Any other information or documents the parties plan to use during the trial.
The prosecution is required to also share with the defense any evidence they discover that might hurt their own case, which is referred to as exculpatory evidence. In many cases, after this process, both sides will file requests to have certain evidence excluded from the trial based on various reasons in what are called pretrial motions.
This process can be overwhelming and intimidating. In addition, each side may face consequences if they do not adhere to discovery rules.
For these reasons, it is essential that a defendant have the help of an attorney throughout their criminal case.
What If This Is Not Accepted by the Courts as Evidence?
There may be instances where certain evidence is not accepted by a court, for various reasons. A criminal lawyer will be prepared for these issues by either being able to argue the evidence should be admitted or present alternative evidence to make the same argument.
In some instances, certain evidence may be excluded and a criminal lawyer will be required to come up with an alternative argument for that issue. It is important to have a lawyer who knows criminal procedure and the requirements of law enforcement procedure for admissible evidence.
For example, a defendant may be able to exclude evidence that would seem to indicate their guilt if it was improperly obtained by law enforcement, such as without a proper search warrant or without providing an individual with their Miranda Rights.
What Are the Parts of a Criminal Trial?
In criminal trials, the trier of fact, which may be the judge or jury, determines whether or not the defendant committed the crime. The standard of proof for the prosecution in criminal trials is beyond a reasonable doubt.
This means that there is not a reasonable doubt in the minds of the jurors that the defendant committed the crime. There are several phases to criminal trials, including:
- Jury selection: A group of potential jurors, called a jury pool, is gathered and asked questions. The prosecution and defense are each permitted to exclude a certain number of individuals from the jury;
- Opening statements: Each of the parties present an overview of their case;
- Typically, the prosecution goes first, followed by the defense;
- Witness testimony: Each side calls witnesses and asks them questions and uses them to enter evidence. Each side’s witnesses can be cross-examined by the other side;
- Closing arguments: Both sides make a brief statements that summarizes their sides of the case;
- Jury instruction: The judge explains to the jurors the crime that the defendant was charged with, as well as the legal standard that they must apply when determining whether the defendant’s guilt or innocence; and
- Verdict: The jury considers the evidence and then applies the proper legal standard to determine whether the defendant is guilty or not guilty;
- In the majority of states, a criminal verdict must come from a unanimous jury.
What Are Some Common Criminal Defenses?
The defenses that are available in a criminal case will depend on the type of crime that is charged. In the majority of states, crimes are categorized according to their seriousness into the following categories:
- Citations;
- Misdemeanors; and
- Felonies.
Citations and misdemeanors are typically the two least severe offenses, resulting in fines or a short jail sentence. Felonies are the most severe offenses and may result in longer prison sentences and larger criminal fines.
Crimes are also categorized according to the nature of their conduct, such as crimes against persons or crimes against property. In crimes against persons cases, self-defense is one common legal defense, especially in cases involving fighting or other types of altercations.
Other commonly used criminal defenses include:
- Intoxication;
- Duress;
- Necessity;
- Mistake;
- Insanity;
- Entrapment; and
- A strong, established alibi.
It is important to note that criminal defendants are presumed innocent until they are proven guilty beyond a reasonable doubt. Any defense that may justify or excuse their criminal behavior may prevent a criminal conviction or reduce the criminal charge.
How Can a Lawyer Help Me With My Evidence?
If you are facing criminal charges, it is essential to consult with a criminal defense attorney who can help you present the best case with the strongest evidence. Your lawyer can also advise you regarding any defenses that may be available in your case and the evidence that will best support your claims.
