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

In Texas, an attorney can challenge evidence in a criminal defense case in a number of ways. Attorneys may challenge the reliability and accuracy of the evidence, the validity of the evidence, its relevance to the case, or its admissibility into trial. First, attorneys may challenge the reliability and accuracy of the evidence. This can include the validity of the testing methods used to obtain the evidence, the chain of custody of the evidence, and the accuracy of the results of the testing. If an attorney can show that the evidence is unreliable or inaccurate, then it cannot be admitted into court. Second, attorneys may challenge the validity of the evidence. This includes examining any potential biases or conflicts of interest of the witness presenting the evidence, the source of the evidence, or any errors in the collection process. If an attorney can demonstrate that the evidence presented is not valid, it cannot be used in court. Third, attorneys may challenge the relevance of the evidence. This involves proving that the evidence does not pertain to the case or is not pertinent to the accusations. If an attorney can demonstrate that the evidence is not relevant, it can not be used at trial. Finally, attorneys may challenge the admissibility of the evidence. This includes arguing that the evidence was collected in a manner that is not allowed under the law, or that the evidence is excessively prejudicial. If an attorney can prove that the evidence should not be admitted into court, then it will not be used in the trial.

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