The evidence prosecution has in drug crime cases is essential in earning a conviction against the defendant. Evidence can range from video footage of the arrest to lab test results, but how can you beat it?
Despite what some people may think, the evidence is not always completely accurate and infallible. It is possible for evidence to be incorrect, one major example being a lab worker’s misconduct resulting in the court dismissing dozens of cases. Proving that evidence is inadmissible could be key to defending against drug charges.
How can evidence be inadmissible?
In order for a prosecutor to use evidence against the defendant, the evidence needs to be admissible. There are several factors that evidence needs to meet before the prosecution can use it:
- Relevant – if the evidence in question does not directly pertain to the charges, a court may not admit them to the case.
- Accurate – If tests and other methods of collecting evidence are not completely precise, the defense may be able to reject it.
- Legal – if the police or prosecution did not obtain the evidence in a legal manner, a judge may not allow it. A method of illegally obtaining evidence would be obtaining it during an illegal search and seizure.
Even if you feel like you do not have a defense against your charges, all you may need is to be able to make the evidence in your case inadmissible. Consult with a criminal defense attorney who can review your case and determine if any evidence is inadmissible.
Explore your defense options
Without evidence, the prosecution will have nearly an impossible time of convicting anyone of a crime. Do not allow yourself to go through your defense without putting up your strongest possible defense against the charges.