How A Strong Criminal Lawyer Analyzes and Challenges Evidence

To convict a criminal defendant, prosecutors must prove guilt beyond a reasonable doubt. The defense attorney’s job is to introduce reasons to doubt the prosecution’s case. Criminal defense lawyers do this by challenging and impeaching the prosecution’s evidence or offering their own evidence in criminal defense cases.

If you have been arrested for a criminal offense in New Jersey, the Law Offices of Jonathan F. Marshall is ready to defend your rights. Our firm has 12 defense attorneys with more than 200 years of combined legal experience. Our defense team has as thorough an understanding of criminal law as any firm in New Jersey. Our attorneys represent clients throughout New Jersey. Contact us today for a free initial consultation.

Evidence Against the Prosecution’s Weaknesses

From human error to illegal searches to faulty use of technology, many reasons exist why evidence in a criminal case may be unreliable. Many cases are settled without trial because the prosecutor is not certain their evidence will stand up to scrutiny.

For instance, many cases rely on forensic evidence acquired through scientific methods such as ballistics, blood tests, and DNA tests. Forensic methodologies are constantly evolving, and not all jurisdictions can keep up, whether because of cost, staffing, or other issues. A knowledgeable defense attorney may be able to challenge the methodologies and conclusions of a lab or prosecution expert witness.

Some forensics are so advanced, such as the use of biosensors or proteomes to identify individuals, that a prosecution witness forced to explain how they work may appear to a jury to be spouting mumbo-jumbo under cross-examination. Meanwhile, the defense’s expert can explain why this new technology is promising but not yet reliable.

How Criminal Defense Lawyers Dissect the State’s Case?

The seasoned criminal attorneys at the Law Offices of Jonathan F. Marshall start challenging evidence before a trial begins. We look at how the police gathered and secured evidence and whether gaps exist in the chain of custody of handling evidence. We seek to have questionable evidence excluded or ruled unavailable for the prosecution’s use. If it’s not excluded, the judge may limit its use or restrict how it is presented.

We have found that it is often beneficial to bring up problematic evidence in questions posed to prospective jurors during the jury selection process. Introducing evidence against our client early negates its shock value later and gives us the opportunity to downplay its relevance while reminding jurors that they must keep an open mind.

When examined in a timely manner and challenged, even strong evidence is not necessarily insurmountable. But you must have an experienced defense attorney with the resources to dissect evidence and build a strong defense. At the Law Offices of Jonathan F. Marshall, our defense attorneys have the knowledge and skill, and we are ready to provide a vigorous defense for you.

5 Ways To Challenge Evidence in a New Jersey Criminal Courtroom

A prosecution’s witnesses are its weakest link. Even the most careful witness can get facts wrong. Others have biases and motivations that lead them astray.

Here are five of the common ways we might challenge evidence in a criminal case:

1. Find Inconsistencies in Witness Statements

• We interview and re-interview prosecution witnesses ahead of a trial. When we identify inconsistencies or gaps in witness accounts, we can bring them to light at trial to challenge the evidence. Accounts that change or contain significant inaccuracies or inconsistencies provide reason to doubt the validity of the witness’s overall statement.

2. Investigate Witness Credibility

• We can look into the background of the prosecution’s witnesses and may find reason to question their testimony. Sometimes, we find bad blood between prosecution witnesses and our client. Other witnesses have a history that includes crime or documentable dishonesty or bias. If we can raise questions about the credibility of the witness in the minds of jurors, a witness’s testimony against our client may have less impact.

3. Find Supportive Witnesses

• We work to find witnesses who can testify on behalf of our clients. They may be able to contradict other testimony or cast doubt on the prosecution’s case. We may be able to engage expert witnesses whose opinion of the prosecution’s technical evidence favors the defense. Before going to court, we cannot tell a witness what to say, but we can tell them what questions to expect and go over their statements to help them ensure their consistency.

4. Expose Bad Police Work

• A lot happens between an arrest or indictment and a court case. Rights violations, technical mistakes, such as with breath or blood tests in a DWI case, mishandling of evidence, failure to follow case leads, and other issues can cast doubt on the prosecution’s case. If we find bad police work, the case should not even go to trial.

5. Find New Evidence

• We will investigate your side of the story and present your witnesses and evidence. It will either directly challenge the prosecution’s case or explain why your actions were appropriate under the circumstances. There are countless potential sources of evidence, which we may uncover by methodically speaking with everyone involved, visiting locations relevant to the case, and analyzing all documents and other physical evidence.

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are former prosecutors and public defenders who have decades of trial experience in more than 25 towns and counties across New Jersey. We have seen criminal cases from both sides of the courtroom. We know where the flaws in a case are usually found and how to use them to the advantage of our client.

Contact Our Accomplished New Jersey Criminal Defense Attorneys

Proving guilt in a criminal case should always be an uphill battle for the prosecution. At the Law Offices of Jonathan F. Marshall, our experienced attorneys look at each case through the prosecution’s eyes and as seasoned defense attorneys and seek to challenge every element of the charges our clients face. We are a large statewide criminal defense firm with the extensive resources and connections needed to investigate cases and fight for your rights every step of the way.

Contact us today for a free initial consultation and see for yourself the difference our team can make. Call (856) 565-3635 or reach out online to set an appointment at an office near you.