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Issues with evidence that could help your defense

On Behalf of | Nov 3, 2022 | Felonies

When you are charged with a crime, remember that you are innocent until proven guilty. It might not always feel like that, but that is how the law works. The prosecution has to prove “beyond a reasonable doubt” that you committed the crime. Any uncertainties should lead to an acquittal.

Therefore, evidence will be crucial to the case. If the prosecution gets enough evidence, it will make their job much easier. Yet they often struggle to do this and present evidence that is not as reliable as they say. Here are some reasons a piece of evidence should not be trusted:

It has been allowed to deteriorate

Nothing last intact forever. Think about the care galleries take to preserve expensive paintings. Or consider how you need to repaint your fence every few years as the paint wears off.

Prosecutors sometimes present evidence that has deteriorated to the point where it is no longer clear that it is what they say it is. For example, a scrap of clothing found at a crime scene years after the event may be so tattered and faded as to be unrecognizable.

Others have been allowed to contaminate it

DNA evidence can rub off from one item to another. There have been cases where evidence taken from one crime scene has cross-contaminated that at another crime scene. The more people who are allowed to enter a crime scene, the greater the chance of problems.

It’s not always straightforward to challenge evidence. Getting legal help can give you the best chance of success if facing serious criminal charges.