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

An attorney can challenge evidence in a criminal defense case in Virginia by filing a motion to suppress evidence. This motion is a way for the attorney to ask the court to exclude evidence from being presented at trial because it was obtained in violation of the accused’s rights. The evidence may have been collected in an illegal search and seizure or obtained through a confession that was not given voluntarily. If the motion is granted, the evidence will not be admitted at trial and cannot be used against the accused. Additionally, an attorney can challenge the credibility of a witness or the authenticity of the evidence. A witness’s credibility may be attacked by questioning their ability to clearly recall the events in question or their motivations for testifying. Evidence can be challenged based on its reliability, such as if it has been mishandled or tampered with. Finally, an attorney can challenge the admissibility of the evidence by arguing that it is irrelevant and does not prove or disprove a material fact in the case. An attorney can also challenge the reliability and accuracy of the evidence by offering expert testimony or examining the evidence in more detail. Ultimately, the responsibility of evaluating the evidence and determining whether or not it is admissible for trial lies with the court.

Related FAQs

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

Related FAQs

Related Blog Posts