Texas Defense Lawyers Discuss Challenging Evidence
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Texas Defense Lawyers Discuss Challenging Evidence
Howdy folks! As a Texas criminal defense attorney myself, I wanted to have a friendly chat about some of the ways we can challenge questionable evidence presented by prosecutors in court. I know from experience that many folks get into legal trouble from time to time, and it can be downright scary not knowing how to protect your rights. That’s why me and my colleagues are here – to help regular Texans like you navigate this complex legal system of ours.
Now I ain’t gonna lie, if the prosecution has strong evidence against you, it can be a tough hill to climb. But there’s plenty we can do to poke holes or cast doubt on any evidence that was obtained improperly or is just plain unreliable. Here’s some of the main ways we go about it:
Filing Suppression Motions
One of the first things we’ll do is scrutinize how the police obtained any evidence they’re using against you. If we can show they violated your constitutional rights by conducting an illegal search or coercing a confession, we can file a motion to suppress that evidence so it never makes it to trial. Things like improper searches, lack of probable cause, or not reading your Miranda rights are common ways we succeed in getting damning evidence thrown out.
Discrediting Witnesses
Eyewitness testimony can seem rock-solid, but it’s actually notoriously unreliable. People’s memories are faulty, and witnesses can even unintentionally misremember key details. Skilled cross-examination of witnesses can reveal inconsistencies or other reasons for the jury to doubt witness testimony.
Challenging Expert Witnesses
Police use all kinds of scientific expert testimony, whether it’s ballistics, fingerprint analysis, or even dog-sniffing lineups. Under the Kelly v. State precedent, we can challenge the methodologies used and whether they truly show what the prosecution claims they do. Junk science has no place in a Texas courtroom.
Questioning Circumstantial Evidence
Unlike direct evidence which clearly links a defendant to the crime, circumstantial evidence relies on inferences and deductions. We can argue to the jury that the prosecution’s circumstantial evidence has innocent explanations or reasonable doubt. After all, circumstantial evidence alone is often not enough for a conviction.
Demanding Access to Prosecution Evidence
Through the discovery process, the prosecution has to share the evidence they have with us. If they fail to disclose potentially exculpatory evidence that could help prove your innocence, we can call foul and have that evidence excluded from trial.
Presenting Affirmative Defenses
For charges like assault, we may argue self-defense if you were protecting yourself from harm. In drug cases, we can argue you had no knowledge the drugs were there. There are all kinds of affirmative defenses that could justify your actions or absolve you of criminal liability when properly argued by a lawyer.
As you can see, the law provides all sorts of ways for criminal defense attorneys to challenge questionable evidence. I didn’t even mention things like arguing alternate theories, putting the credibility of police practices on trial, or even challenging the constitutionality of certain laws themselves! The point is, never assume you have no defense just because the prosecution says they have strong evidence. A creative and zealous defense lawyer can find ways to fight it.
Now I don’t want to sugarcoat things either – we may still have an uphill battle depending on what exactly the evidence is. But I’ve seen enough surprises in my career not to prejudge a case until I roll up my sleeves and scrutinize every angle from top to bottom. That’s exactly what me and my colleagues here will do if you entrust us with your defense. We’ll leave no stones unturned.
So if you or a loved one have found yourself charged with a crime, don’t wait, get an experienced Texas criminal defense lawyer on your side immediately. We have a proven track record of challenging questionable evidence and fighting for our clients’ freedom. Call today for a free case evaluation, and let’s start building the strongest defense possible together.