Why a Lawyer in Rockwall TX Uses the Criminal Defense Strategy of Throwing Away Evidence First and Foremost

by | Aug 23, 2016 | Lawyers

There is no one way to handle a criminal defense case as a lawyer in Rockwall TX. Yet, there are common overarching strategies that a lawyer will prioritize as they develop a case for their client. One particular strategy has a lawyer trying to remove evidence against their client off the table.

It’s the idea of what weapons are brought to the fight. One of the top priorities of a lawyer in Rockwall TX is to disarm the opposition. They remove their potential weapons. In the court of law, this is the use of evidence. Some evidence can be tossed out for one reason or another. The process of getting evidence thrown out is most successful prior to the trial, but it can be done during it as well. The three most common reasons evidence is removed is

*Rights were violated at some point as they pertain to the evidence. This specifically includes Fifth Amendment rights, which relate to what a person has to answer questions about their alleged crime. It states, No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.

Was any evidence gathering done on a legal basis? Was a warrant received or permission granted? This is a fourth amendment concern, detailing “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

The evidence was mishandled in some capacity after it was received. This is a fascinating area to explore because it shows some kind of incompetence from the officers and professionals who were handling evidence gathering. If this did occur, it would potentially put into question other evidence or the decisions that led to the arrest in the first place.

The above will disarm the prosecution. This, in turn, will build on the credibility and nature of the criminal defense. A defiant and accomplished lawyer will turn over every piece of evidence to see if it breaches any of the aforementioned stipulations. Click Here to explore the official website of the Law Offices of Tim Hartley. It is available at website.

Latest Articles