27 Nov 23

How Long Island Criminal Defense Lawyers Can Challenge Evidence in Your Case

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Last Updated on: 6th December 2023, 11:03 pm

How Long Island Criminal Defense Lawyers Can Challenge Evidence in Your Case

Facing criminal charges is scary. The prospect of losing your freedom, reputation, and finances can feel overwhelming. As a defendant, you may feel like the deck is stacked against you. However, experienced Long Island criminal defense lawyers have ways to fight back against the prosecution. One of our most important jobs is scrutinizing the evidence and identifying ways to get illegally obtained or unreliable evidence thrown out. This article will explain some common ways we challenge questionable evidence in Nassau County and Suffolk County criminal cases.

Suppressing Illegally Obtained Evidence

The Constitution protects all of us from unreasonable searches and seizures. But police sometimes bend or break the rules when gathering evidence. Long Island criminal defense lawyers file suppression motions to prevent illegally obtained evidence from being used against you.

For example, if the police search your home or car without a valid warrant, any evidence found may be suppressed. The prosecution would then have to prove their case without relying on the tainted evidence. Suppression motions can completely derail the DA’s case, leading to reduced charges or dismissal.

Challenging Eyewitness Identifications

Mistaken eyewitness identifications contributed to over 70% of the convictions overturned by DNA evidence. Yet many people still put too much faith in eyewitness memory. Skilled criminal defense lawyers know how unreliable eyewitness IDs can be.

Police lineups and photo arrays must follow strict protocols to avoid biased identifications. If the police use suggestive and leading procedures, your attorney can challenge the ID evidence. Eyewitness memory naturally decays quickly. If a Long Island defense lawyer exposes contradictions and memory gaps, the jury may disregard questionable IDs.

Contesting Breathalyzer and Field Sobriety Tests

In DWI cases, the prosecution relies heavily on blood alcohol tests and field sobriety testing. However, breathalyzers have margins of error. And non-standardized field tests are highly subjective. Your drunk driving defense lawyer can contest chemical test results and undermine field sobriety evidence.

For example, if the breathalyzer machine wasn’t properly calibrated, the BAC readings may get excluded. Similarly, if the officer made mistakes demonstrating or scoring the roadside tests, the results carry less weight. Skilled trial lawyers highlight these flaws to contradict DWI evidence.

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