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

In Massachusetts, an attorney can challenge evidence in a criminal defense case by filing a motion to suppress evidence. This motion is typically filed in advance of the trial and asks the court to exclude certain evidence from trial. An attorney can challenge evidence based on the theory that it was obtained improperly or illegally. For example, a criminal defense attorney may challenge evidence obtained in violation of the Fourth Amendment rights of their client, such as evidence obtained through an unlawful search and seizure, as well as evidence obtained through coercion or trickery. Another way an attorney can challenge evidence is by filing a motion in limine. This motion asks a judge to exclude certain pieces of evidence that could be damaging to the defense case. This motion allows an attorney to exclude evidence that would be prejudicial to their client. For example, an attorney may file a motion in limine to exclude evidence of past arrests or convictions that are irrelevant to the case. Finally, an attorney can challenge evidence through cross-examination. This is a process in which the defense attorney questions witnesses on the stand to test their credibility and to uncover inconsistencies in their statements. Through cross-examination, an attorney can introduce doubt as to the truthfulness of a witness’s testimony, or they may expose a witness’s bias or prior misconduct. This can help an attorney weaken the prosecution’s case and potentially lead to an acquittal for their client.

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

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