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How an Experienced Lawyer Can Suppress Counterfeiting Evidence
How an Experienced Lawyer Can Suppress Counterfeiting Evidence
Being accused of counterfeiting can lead to serious criminal charges. If you’ve been accused of making or selling counterfeit goods, the most important thing you can do is hire an experienced lawyer to defend you. A good lawyer knows how to get damning evidence suppressed, or even get the charges dismissed entirely.
File a Motion to Suppress the Evidence
If the police seized counterfeit merchandise from your home or business without a proper search warrant, your lawyer can argue the search was illegal and file a motion to suppress that evidence. This means the prosecutor can’t use those fake goods as evidence against you in court. Suppressing physical evidence this way is one of the best tools in your lawyer’s toolbox.
Your attorney may also try to suppress any incriminating statements you made during the illegal search. Let’s say the cops show up without a warrant, find a room full of bogus merchandise, and you blurt out “That’s all just for personal use, I swear!” Your lawyer can argue that statement was obtained improperly and should also be excluded.
Attack the Validity of the Warrant
If the cops did have a search warrant, your attorney will scrutinize it to find any flaws. Was the warrant too vague? Did the police lie or exaggerate on the affidavit to get the warrant approved? If your lawyer can show the warrant was invalid in some way, then any evidence seized under that warrant can potentially be suppressed.
Allege Chain of Custody Issues
The prosecution has to prove they took careful control over any physical evidence obtained. There can’t be any gaps where they lost track of an item for a period of time. If your lawyer can show a failure in the chain of custody – maybe a clerk mislabeled something – they can call into question the integrity of the evidence.
Claim the Informant Lacks Credibility
Police often rely on confidential informants to gather evidence in counterfeiting cases. But many informants are criminals cooperating to get leniency. Your attorney will investigate the background of any informants and look for ways to undermine their credibility. If the informant has a history of dishonesty or mental illness, their accusations against you will seem less believable.
Allege Entrapment
If an undercover agent pressured or tricked you into committing a crime you otherwise wouldn’t have, your lawyer can claim entrapment. For example, if an informant pestered you relentlessly to sell them some knockoff watches – even after you refused – that might be entrapment. This defense argues you only broke the law because of improper conduct by police.
Attack the Sufficiency of the Evidence
Even if some evidence makes it into court, your attorney will argue the prosecution’s case is built on circumstantial evidence that doesn’t directly prove your guilt. If the physical evidence is scant and the witnesses lack credibility, your lawyer can file a motion arguing there is insufficient evidence to support the charges against you.
Negotiate a Plea Deal
An experienced lawyer may be able to negotiate with the prosecutor and get you a plea deal that reduces the charges. This involves admitting guilt in exchange for a lighter sentence. While not ideal, it’s sometimes the best outcome when the evidence is strong. A good deal can mean avoiding jail time.
Educate the Jury on the Law
If your case does go to trial, your lawyer will remind the jury the prosecution has the burden of proving your guilt beyond a reasonable doubt. In their closing argument, your attorney can explain the nuances of counterfeiting laws so jurors understand what’s required to convict. Juries are sometimes sympathetic toward defendants who didn’t realize they were breaking the law.
As you can see, an skilled lawyer has many options when defending a counterfeiting case. Suppressing evidence is key, but they also look for technicalities and weaknesses that create reasonable doubt of guilt. The right legal strategy can sometimes even get strong charges dismissed. So if you’re facing these allegations, be sure to call an experienced criminal defense attorney right away.
References
Here are some references used in this article:
How to Get Evidence Suppressed in a Criminal Case