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How And Why Criminal Defendants Walk Free On Legal Technicalities

9 February 2016

Arthur Young

The law has mechanisms in place to make it possible to walk free even if the prosecution seems to have a solid case. These so-called technicalities are the way that American courts ensure that innocent people do not wind up behind bars.

Discuss your case with an experienced criminal defense attorney to ascertain if some fact pattern could lead to lesser or dropped charges. Following are some common legal technicalities to keep an eye on.

Tainted Evidence

The police have a duty to present evidence free of any undue tampering. This requirement helps prevent evidence appearing that was not there at the time of the arrest. Judges and juries making decisions about innocence or guilt need to see exactly how things were when the alleged perpetrator supposedly committed the crime.

When the police cannot account for the chain of custody of items presented before the court, the defendant may have grounds for dismissal.

Attorney not Present

The police have received training in sophisticated interrogation techniques. They know how to get a confession. You may be held for hours without food or water. Arrests often happen late at night. You could be exhausted from a hard day at work and want only to return home to bed. A simple mistake in judgment could mean serious charges. If so, the next bed for you will be in a jail cell.

The courts understand that the average person has little experience in handling police interrogation. So, in general, accused criminals have the right to an attorney.

When you request legal representation, theoretically the questioning should stop. Unfortunately, that is not always the case. Then, you could have a claim for dismissal. Any statements made could be admissible at trial.

Evidence Withheld

Both sides of a criminal case are supposed to release their evidence to the opposition. Prosecutors, as state officials, have an even larger duty. They should be trying to seek the truth, more so than getting a conviction.

Sadly, things are often different. An overzealous prosecutor may withhold evidence that could have helped the defendant. If found to be true, the court may overturn a conviction because of prosecutorial misconduct.

Speak With a Criminal Defense Attorney Today

It is always best to speak with legal counsel when arrested for a crime. There is too much red tape, bureaucracy and technical language for a novice to handle. Fortunately, a good criminal defense attorney has the knowledge to fight for justice.

To learn more, contact a law firm like Rolsch Law Offices. 

 

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