Choose a Defense Attorney With The
Experience To Make The Right Moves

When can you challenge evidence as part of a defense strategy?

On Behalf of | Jul 19, 2022 | Criminal Defense |

Facing criminal charges in Illinois is enough to frighten even the bravest individual. The penalties associated with the allegations against you might include incarceration, fines and community service obligations.

It is common for prosecutors in Illinois to bring the most aggressive charges possible given the circumstances, often with the goal of pushing a defendant to plead guilty. Although the state may have evidence to help it build a case, you can still fight back. You may want to consider whether you have grounds to challenge that evidence before you determine that pleading guilty is the only possible solution.

When can defendants in criminal cases prevent the courts from hearing certain evidence?

When the police violate their right

Police officers are subject to laws limiting how they gather evidence or obtain a confession from a defendant.

If a police officer searched your home without a warrant, permission or probable cause, they may not be able to introduce the evidence they found when searching your home as part of the case against you. If an officer questioned you after arresting you without first advising you of your Miranda Rights, that failure on their part could mean that your confession or contradictory statements aren’t admissible as evidence.

When there are mistakes in the collection or processing of evidence

The way that police officers gather, candles and store evidence can affect how useful it is in later court proceedings.

For example, police gather physical evidence to perform genetic testing, gaps in the chain of custody for that biological evidence could mean contamination that would compromise the accuracy of the evidence. Similarly, police officers who failed to properly record how and when they collect evidence may prevent that evidence from playing a role in later criminal proceedings.

Even if you can’t prevent the courts from hearing certain evidence against you, you may be able to challenge the accuracy of the prosecutor’s analysis. Bringing in your own specialists to analyze the evidence can help create a reasonable doubt.

There are numerous approaches available to help those facing criminal charges when the state claims to have compelling evidence. Looking into all of your options for a defense will potentially lead to a better outcome than simply pleading guilty when you face serious criminal charges.

FindLaw Network

Notable Results

Accusation: Attempt First Degree Murder
Facing: 30 years in prison at 85%
Result: Post-conviction petition granted
Accusation: Solicitation of a Prostitute, Obstructing Justice, Battery
Facing: 30 years in prison at 85%
Result: Post-conviction petition granted
Accusation: Solicitation of a Prostitute, Obstructing Justice, Battery
Facing: 365 days in jail, loss of legal residence
Result: Post-conviction petition granted
Accusation: Solicitation of a Prostitute, Obstructing Justice, Battery
Facing: 365 days in jail, loss of legal residence
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Solicitation of a Prostitute, Obstructing Justice, Battery
Facing: 365 days in jail, loss of legal residence
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 365 days in jail, loss of legal residence
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 30 years in prison at 85%
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 30 years in prison at 85%
Result: Post-conviction petition granted
Read Our
Reviews