How can an attorney challenge evidence in a criminal defense case?

In a criminal defense case in California, an attorney can challenge evidence by filing a motion to suppress the evidence. This motion can be based on violations of state or federal law, constitutional rights, or procedural issues with the way the evidence was obtained. For example, the attorney may argue that the police violated a suspect’s Fourth Amendment rights by conducting an unlawful search or seizure. In addition, an attorney may challenge the credibility of the evidence by filing a motion to exclude witness testimony. This motion would assert that the witness is not qualified to testify or their testimony is unreliable. For instance, if the witness was not an eyewitness to the event, or is not an expert on the subject being discussed. The attorney may also file a motion to exclude a particular piece of evidence, such as a confession or a confession of guilt, arguing that it was not voluntarily given. The attorney might also argue that the evidence has been tampered with, or is not relevant to the case. Finally, an attorney may challenge the admissibility of evidence under the California Evidence Code by arguing that it is inadmissible due to its prejudicial or unfair nature. This could include evidence that is hearsay or not relevant to the particular case. No matter what evidence is presented, an experienced criminal defense attorney will know the best ways to challenge it and make sure that a defendant’s rights are protected.

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