Unique solutions for every client

Can a lawyer stop the state from using certain evidence?

On Behalf of | Oct 19, 2023 | Criminal Defense

The best criminal defense strategy depends on the charges that someone faces and also how the state intends to prove its case. Individuals who hope to avoid conviction will need to explore all of their options, and that may start with a review of the state’s evidence. 

The evidence gathered by law enforcement professionals plays an integral role in the prosecution of those accused of violating state law. Prosecutors might use chemical tests, fingerprints, genetic evidence, security camera footage or witness statements to prove that someone broke Virginia statutes. 

Someone facing prosecution in Virginia may worry that the evidence makes them look guilty when they are not. Is it possible to keep certain evidence out of court? 

Lawyers can challenge the use of certain evidence

For some people, challenging the state’s evidence and preventing the prosecutor from presenting it in court is a viable option. Virginia defense attorneys have to carefully review the situation leading to someone’s arrest and prosecution to determine if that is an option. 

When the strongest evidence in a case has a connection to some kind of police misconduct, such as an illegal search, a lawyer could challenge its use at trial. Prior court rulings interpreting the Fourth Amendment have affirmed that it is possible to exclude certain evidence gathered through illegal activity and police misconduct. 

An attorney establishing that police officers or the state somehow violated an individual’s rights will be crucial to their efforts to keep specific evidence out of court. Knowing how the prosecution intends to prove that someone broke the law might be the first step toward establishing a workable defense strategy.