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

In a criminal defense case, an attorney can challenge evidence in a few ways. In Indiana, a defense attorney may file a Motion to Suppress Evidence, which may be granted by the court if the attorney can show that the evidence was obtained illegally or improperly. In this situation, the evidence would then be considered inadmissible. If the evidence was obtained legally, the defense attorney may challenge its accuracy or relevance. The attorney may argue that the evidence is not accurate, as mistakes can occur during testing or evidence gathering. The attorney may also argue that the evidence is not relevant to the case, meaning it does not explain, support, or add to the material facts in the case. In addition, the defense attorney may challenge the credibility of the witnesses. The attorney can cross-examine the witnesses for inconsistencies and inaccuracies in their testimony. The attorney can also argue that the witnesses lack credibility due to their own bias or motivation to provide false testimony. By filing the proper motions and challenging evidence, an attorney can work to disprove the prosecution’s case and build a strong defense for their client. Ultimately, the judge and jury will decide whether the evidence presented is sufficient for a conviction.

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