Four ways to block the prosecution’s evidence

Four ways to block the prosecution’s evidence

On Behalf of | Jul 12, 2022 | Criminal Defense |

When you’re facing drug charges, the prosecution is probably going to threaten you with harsh penalties. This is an attempt to get you to take a plea deal, which can be very tempting when the evidence against you seems insurmountable.

But you shouldn’t immediately latch onto a settlement offer put forth by the prosecution. This is because you may have strong criminal defense options that can help you beat the charges levied against you, even if there seems to be a lot of evidence.

Ways that you can block the prosecution’s evidence

One of the best ways to attack the prosecution’s case is to block its evidence. Previously on the blog, we discussed how evidence can be suppressed after an illegal search and seizure, but that isn’t the only way that you can block the prosecution’s evidence. Here are some other options that may be at your fingertips:

  • Missed depositions: To build the strongest defense possible, you’re going to have to know how the prosecution’s witnesses are going to testify. To obtain this knowledge, it’s best to depose these witnesses, which is the process where you take sworn testimony outside of court and prior to trial. But if you subpoena a witness to appear at a deposition and they fail to show up, you’re justified in asking the court to block that witness’s testimony. You’ll just need to file a motion with the court and argue how allowing that testimony will be unfair to you and your defense.
  • Errors with chain of custody: Physical evidence, including drug paraphernalia and narcotics, have to be collected, transported, and stored in accordance with acceptable police practices. When mistakes are made in any step of the process, the validity of the evidence may be compromised. In these instances, you can again file a motion with the court and ask that the evidence be suppressed. Of course, this requires you to thoroughly assess how the chain of custody was handled.
  • Unfairly prejudicial evidence: The focus of your case should be on whether you committed the criminal act in question. Sometimes, though, the prosecution tries to use character evidence to show that you’re untrustworthy or have a history of criminal involvement. In many instances, this evidence has absolutely nothing to do with the charged crime and instead just taints the jury’s objectivity. So, if you think that some of the evidence being used against you unfairly portrays your character and your past activities, you might want to address that issue before trial and outside the presence of the jury.
  • Errors in case presentation: At trial, the prosecution is going to have to follow the rules of evidence in order to take testimony and submit documentary exhibits into evidence. If you’re on your feet and know the law, you can make proper objections that could result in evidence being deemed inadmissible.

Do you need an aggressive advocate on your side?

A conviction for a drug-related crime can cause extensive damage to your life, from stripping you of your freedom and threatening your ability to obtain employment and appropriate housing in the future. With so much on the line, you owe it to yourself to present the strongest criminal defense possible.

An aggressive advocate who knows the law can help you determine the best way to attack the prosecution’s case and to try to block its evidence. Hopefully, with a strong litigator by your side, you can achieve the outcome that is right for you, thereby allowing you to turn the page on this difficult chapter in your life.