Not all evidence is good evidence. United States Federal Law stipulates what kind of evidence can be legally used in trial, and which evidence is considered inadmissible. Both prosecutors and defense attorneys are concerned with the admissibility of evidence, as the law applies to both sides of the table. Ultimately, the judge is the one who makes the decision as to which evidence is allowed in court.
If you are facing criminal charges, you understand the importance of evidence and how it could make or break your case. An experienced criminal defense attorney will fight tirelessly on your behalf to ensure that inadmissible evidence is suppressed according to the California law.
At the Law Office of Joni Eisenstein, our San Diego criminal defense lawyer understands the law regarding the admissibility of evidence in trial. She will use that knowledge, as well as her 25 years of experience working in the San Diego courts, to present the strongest defense on your behalf. If you are fighting criminal charges in San Diego, it is critical that you secure a defense attorney right away.
To learn more about Joni Eisenstein and how she can fight for your freedom, contact our office today at 760-721-3161 for your free initial consultation.
How can evidence be inadmissible in court?
The United States Constitution establishes rules on which evidence is admissible and which evidence is inadmissible in a courtroom trial. Any evidence that was obtained in a way that violated your constitutional rights should be considered inadmissible and suppressed by the judge. Your defense attorney will identify evidence that was obtained in violation of those rights and make a motion to the judge to have that evidence suppressed.
In a criminal court, there are a number of common reasons why a judge may rule to make evidence inadmissible. Some situations where evidence could be suppressed by the judge include:
The police lacked probable cause.
Law enforcement is subject to specific requirements before making a lawful arrest. One of the primary responsibilities of a law enforcement officer is to find probable cause before making an arrest. This means that they reasonably believe that there is probable cause that you have committed or were in the process of committing a crime.
If the officer cannot show probable cause, then any evidence obtained based on that unlawful arrest would be considered inadmissible in court because it violated your rights under the constitution.
The police obtained a confession from you under coercion.
If you watch true crime documentaries, you can see that forced confessions are not rare. In fact, many people fall victim to the intense pressure of law enforcement after hours of interrogation and deprivation. It seems unbelievable, but they confess to a crime that they did not commit.
Law enforcement are required by law to inform you of your rights, such as your right to an attorney and your right to remain silent, before formally questioning you. If they fail to read you your rights and they obtain a confession from you, the law indicates that this is coercive and therefore that confession could not be used as evidence in court.
Speak to your defense attorney if this situation applies to you. Rehash the experience with your defense attorney so he or she can identify areas of physical or verbal threats or other coercive techniques that were used against you. Your attorney can use this information in court to have your confession thrown out.
The police violated search and seizure laws.
In most cases, the police must have a search warrant in order to search your home or property. In fact, if the police do not possess a search warrant and they knock on your door, you are not required to speak to them, answer any questions or allow them into the premises.
If you were victim to an unlawful search and seizure, your rights were violated under the constitution. Any evidence that was obtained during that search would be considered inadmissible in court.
Contact the Law Office of Joni Eisenstein Today
From the moment you are charged with a criminal offense in San Diego, you should be thinking about how to retain an experienced and reputable attorney. It is in your best interest to work with a criminal defense attorney to receive their assistance and guidance in navigating the complex California legal system.
A strong attorney will use their knowledge of the law to suppress evidence that was obtained in violation of your rights. By doing this, they can put your best defense forward in front of the judge and jury.
Contact the San Diego Law Office of Joni Eisenstein today to schedule your free consultation. You will work directly with Joni Eisenstein to discuss the details of your case. She will help you understand the law and the options you have for your defense.