In the court system, there are specific rules for how evidence should be handled, what can be done with the evidence that is found, and even how the evidence is found. It’s important for an arrested person to speak with a lawyer about the evidence in their case to see if it can be suppressed for not being collected or handled according to the rules of evidence.
How Can Evidence Be Discovered?
Evidence is typically discovered by the officer seeing it in plain view or as the result of a warrant. Evidence that is in plain view can be collected by the officer and used against the person. Warrants have specific rules dictating what the officer can look for, but there are ways to discover other evidence while the officer is serving a warrant as well.
How Can Evidence Be Handled After the Arrest?
Evidence must be handled carefully to ensure it is not contaminated between the collection and the court hearing. It must be stored securely and only accessed by authorized persons to ensure it is not tampered with. Additionally, there must be a record of anyone who takes the evidence for testing or other purposes so it can be shown the evidence was secure the entire time it was in the custody of the police.
Why is All of this Important?
Although this information only covers a tiny bit of the rules of evidence, it is important to remember that just because there is evidence doesn’t mean a person is guilty. The evidence could have been improperly collected or mishandled, meaning it cannot be used in court. If it cannot be used in court, the prosecution might not have enough evidence to prove the person is guilty and they might be released due to lack of evidence.
Although this is a brief overview of the collection and handling of evidence, it can help demonstrate why a person will want to hire a Criminal Lawyer in Dundalk MD immediately after an arrest. There is always the possibility the evidence can be suppressed and unable to be used against them, making it more likely they’ll be able to have the charges dismissed. Those who have been arrested and need help can contact a lawyer like Maria Caruso now. You can also visit them on Facebook.
