Many prosecutors in Pennsylvania use borderline to weak evidence when pursuing criminal convictions against defendants, and many times this evidence can be dismissed from consideration when an aggressive Pennsylvania criminal defense attorney investigates the case thoroughly. There are specific rules that apply when police officers are attempting to obtain evidence, and those rules are commonly violated or completely disregarded with respect to the defendant’s privacy and self-incrimination rights. Many officers even fail to “Mirandize” some defendants, which is a technicality that can be used to dismiss evidence as well. Here are a few common issues that can impact the outcome of a criminal case.
Evidence admissibility
One of the first issues with evidence is admissibility based on how the evidence was acquired. Illegal search and seizure cases are relatively common, as officers often use the “plain sight” rule even when there is no plain sight application. Officers can be cross-examined in a trial, many times revealing they did not actually have reasonable suspicion to search.
Witness credibility
Many criminal cases will involve personal testimony from individuals other than police officers. These witnesses must all be credible for the testimony to be considered in the final case determination, which can be especially important when a case goes to trial. Witnesses who may have a retribution agenda are particularly problematic, which can be revealed in a court procedure questioning.
Electronic evidence weaknesses
Prosecutors regularly try to use video evidence in cases where a suspect has been identified through surveillance equipment. While it is hailed as infallible, the truth is that video evidence can easily be corrupted and inaccurate, often resulting in police lineups of individuals that could easily include suspects other than the actual assailant. Even forensic evidence can be questioned in this regard, as can use of evidence gathered by blood alcohol breathalyzers that are malfunctioning or have not been calibrated according to schedule.
Contact the Best Criminal Defense Attorney in Pa
It is important to understand that a conviction on any criminal charge will establish a criminal history and can have a dramatic impact on the life of the defendant for many years to come. Leaving your fate to the hands of a public defender does not always bode well for an acceptable outcome, and public defenders rarely go against the prosecutor aggressively in weak evidence cases. Always call Brennan Law Offices criminal attorney in Philadelphia, PA, for solid comprehensive legal representation.