People facing criminal charges are naturally anxious about the future. They worry about taking the case to trial and the attention that might attract. They may worry about the potential penalties that the courts could impose and the consequences of having a lifetime criminal record.
Thankfully, there are many rights that help protect those facing criminal charges. They benefit from a presumption of innocence until the courts convict them. They have a right to a jury trial. They also have the right to review the state’s case against them.
Federal regulations and state procedures acknowledge the right of discovery in criminal cases. Regardless of which courts hear the case, the defendant and their lawyer should be able to review any evidence that the prosecutor has collected before the trial.
How can a review of the evidence protect those facing criminal charges?
Evidence can influence the best strategy
There are many different types of evidence that prosecutors may intend to present during criminal proceedings. They might bring witnesses. While they do not necessarily have details about the testimony the witness may provide, they generally have to provide the names of all witnesses who may speak on behalf of the prosecution.
The state also has to provide information about forensic evidence, security camera footage and other evidence that could support the allegations against the defendant. Information about that evidence gives the defense team an opportunity to prepare for trial.
They can look into the background of witnesses to prove that they may not be reliable or honest. They can hire expert witnesses to point out issues with the state’s case. They can raise questions about the analysis of evidence or highlight gaps in the timeline provided by the prosecution that could create a reasonable doubt in jurors.
In some cases, defense attorneys can even exclude certain evidence if they can show that state authorities violated the law or an individual’s civil rights in the process of obtaining that evidence. The right of discovery is so important that the courts may agree to delay the trial if the prosecutor intends to present new evidence not previously disclosed to the defense team.
Understanding and making use of key rights can increase the chances of prevailing when taking a criminal case to trial. Adequate pretrial preparation can make all the difference for those intending to fight their criminal charges.