Understanding Evidence in Criminal Cases

Evidence is an important factor in both defending and prosecuting people suspected of crimes. In short, the evidence is everything. The evidence influences the trajectory of the case, the narrative, and determines the final outcome – guilt or innocence. When you have a case in the system, hiring the right attorney that knows the law and has an understanding of evidence is paramount. We’ll review some concepts related to evidence, but if you need to talk with a criminal defense lawyer, give us a call. What is Evidence? A Basic Overview At its core, evidence is any material or testimony used in court to establish the truth of a matter. Evidence includes everything from physical items, eyewitness testimony, documents, and even electronic data. In Texas, the Code of Criminal Procedure and Rules of Evidence dictate how evidence is supposed to be collected, preserved, presented, and considered by the court. Different Types of Evidence Direct Evidence Direct Evidence refers to information that, if true, proves a fact. Typically, it’s hard-hitting stuff like a confession or an eyewitness account. However, the defense attorney must scrutinize the credibility of such evidence. Various issues, such as misidentification, are common. Coercion can create doubts or spur false memories. Circumstantial Evidence Contrary to popular belief, circumstantial evidence isn’t inferior to direct evidence. Circumstantial evidence is information that, while not directly proving the fact, allow an inference of the fact. A web of skillfully spun circumstantial evidence can be potent in court. This is why it’s important […]