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 to seek legal representation from an experienced defense attorney. An experienced criminal defense attorney can unspin such webs and bring the jury back to reality.

While some attorneys have no trial experience, an experienced defense attorney has experience negotiating plea agreements, taking cases to trial and winning, and even litigating criminal appeals.

Most defense attorneys in Houston have done none of this. They mainly send attorney-coupon mailers and get you to enter a plea deal when you retain them.

Tad Nelson & Associates is different.

We take pride in helping our clients get their cases dismissed and, if it’s called for, taking a case to trial to win. If you’re seeking legal representation for a serious criminal charge in Houston, call us.

Physical Evidence

Physical evidence is tangible and is considered highly reliable.

Physical evidence can include anything from DNA, fingerprints, and weapons to digital footprints.

Physical evidence can be challenged. If your Fourth Amendment rights were violated during the collection of this so-called evidence, we could have it thrown out of court.

The Constitution of the United States, namely the Fourth Amendment, provides protection from unlawful search and seizure.

Challenging the Evidence

Just as critical as the presence of evidence is the potential for its rebuttal. An experienced attorney knows how to evaluate the strength of evidence and identify potential weaknesses in the prosecution’s case.

Unreliable Witnesses

Eyewitness accounts or testimonial evidence are not always foolproof. False memory, suggestive questioning, or bias can corrupt such evidence. As per the Texas Code of Criminal Procedure Art. 38.20, a conviction cannot be based solely on uncorroborated testimony.

Improperly Obtained Evidence

As we covered earlier, evidence obtained in violation of the Constitution of the United States could be suppressed. The Texas Constitution, as well as the Constitution of the United States, protects individuals from unlawful searches and seizures. Any violation of state or federal law could deem the evidence inadmissible.

Lack of Evidence

The Texas Penal Code Sec. 2.01 asserts that guilt must be proven beyond a reasonable doubt. In other words, if there’s any good reason to doubt that you committed the crime, the jury can not convict you.

This burden of proving your guilty beyond a reasonable doubt lies with the prosecution. If the evidence is insufficient or inconclusive, it could lead to a not-guilty verdict.