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.
Different Types of 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.
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 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.
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.
Your Houston Criminal Defense Attorneys
The Law Offices of Tad Nelson & Associates
Evidence could be the difference between a conviction and a dismissed case, a lifetime of repercussions, or a second chance at a brighter future. It’s no understatement to say that in such cases, experienced legal counsel isn’t just crucial—it’s life-altering.
Understanding the importance of evidence, its types, its potential challenges, and its impact on your case is fundamental.
At Tad Nelson & Associates, Attorneys Tad Nelson & Amber Spurlock stand ready to guide you and your loved ones through this situation. Let us review your case at no charge. Call us today at 713-659-0909.
100% Free Initial Consultation. 100% Confidential Consultation.