Whenever the state charges someone with a crime, the prosecutor has a theory of the case. This is their best guess about what allegedly happened based on the evidence and the law. Notably, the prosecutor's theory of the case doesn't have to be true. Instead, they just need enough evidence to make it stick.

A criminal defense attorney looks at the evidence to consider how to undermine the prosecution's claims. If you're facing charges, though, you probably want to know how your criminal lawyer will assess the evidence. Here are the most common ways attorneys assess the evidence.

Chain of Custody

A lawyer will first ask, "How did the state come across the evidence in question?" Their second question will be, "Who has handled it since then?"

These questions are about the chain of custody. A prosecutor has to show the evidence connects a defendant to whatever the alleged offense is. If the police say they found drugs in your car during a traffic stop, the cops have to show that they handled the drugs without potentially contaminating them. They also need to show that they stored them safely and with no risk of tampering. If they sent the drug for testing, the cops and the lab have to show they handled everything without tainting the results.

If a criminal defense attorney finds out that there was a problem with the chain of custody, they will ask the judge to exclude the evidence. This means the prosecution can't use it in the case.

Relevance

Not all evidence is all that relevant. Suppose someone claims self-defense in an assault case. If the cops collected the defendant's DNA from the scene, that evidence isn't especially relevant because the defendant already admits they were there.

Expert Opinion

Just because a cop or a prosecutor says something is evidence doesn't mean it is. A criminal defense lawyer may ask an expert about the alleged evidence. If the police allege that a particular gun was used in a shooting, a defense expert might determine that the gun in evidence couldn't have fired the bullet from the incident in question.

Testimony

A prosecutor will want to hold up a piece of evidence and say that it means the defendant is guilty. However, the defense can ask witnesses what they know about the evidence. If witnesses never saw the defendant near the evidence at any time, the testimony raises questions about whether the accused could've committed the alleged crime.

For more information, contact a criminal defense attorney.

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