2 Things To Know About Evidence Used In A Criminal Trial
As your criminal trial date is quickly approaching, your biggest question might be how you can get an innocent verdict from it. Criminal verdicts are decided by judges and juries, and they are required by law to base the decision on the evidence presented in the case. If there is a lot of evidence against you, it may be harder for you to win; however, your attorney will probably fight to get as much evidence as possible deemed inadmissible. Here are two things to know about this.
Admissible vs. inadmissible evidence
There are two types of evidence in criminal cases. Admissible evidence is the type that is allowed in the courtroom. The judge and jurors are allowed to hear this evidence and use it when determining the verdict. This can usually include hard evidence required at the scene of the crime, such as DNA samples found and gun shells. In general, admissible evidence must be relevant and reliable in order for it to be used during a criminal trial.
The other type is called inadmissible evidence, and this type is not allowed in court. If inadmissible evidence is revealed during the trial, the judge will state it is inadmissible. The judge and the jurors are therefore not allowed to use it when determining a verdict. Hearsay is one of the most common forms of evidence a court will consider inadmissible.
How your lawyer uses this to help your case
Before a trial begins, it is quite common for both lawyers to present their evidence to the judge. This is done to find out if the evidence is admissible or not. If there is evidence against you, your lawyer will try to get it marked inadmissible. If this is possible, the evidence should not be brought up in court.
There are times when inadmissible evidence is still brought up during a case. A judge will declare that it cannot be used against the defendant, but the information can still stick in the minds of the jurors. This may cause them to subconsciously use it against you in your case, which is what your lawyer will try to avoid from happening.
The evidence offered in court can make or break your case, and your attorney knows this. Hiring an experienced criminal defense attorney (such as one from Kaiser Law Group) could be the best move you make for your trial, and you can call around to find one that you feel will help you win your case.