When you’ve been charged with a crime in New Jersey, the strength of the evidence against you often determines the course of your case. However, mistakes in the handling, collection, or preservation of evidence can create significant legal issues that work in your favor. Mishandled evidence can weaken the prosecution’s case, providing your criminal defense lawyer with a powerful tool to challenge the charges.
In this blog, we’ll explore how improper evidence handling can impact your defense, how a criminal defense attorney in New Jersey can use this to your advantage, and what you should know about your rights.
The Importance of Proper Evidence Handling
In criminal cases, evidence is the foundation of the prosecution’s argument. It can include physical items like weapons or clothing, digital data, or witness testimony. New Jersey law enforcement is required to follow strict procedures to ensure the integrity of this evidence, including proper collection, storage, and documentation.
When evidence is mishandled, it can lead to several issues that may benefit your defense:
- Contamination: Evidence that isn’t stored or processed correctly can become contaminated, which calls into question its reliability. For example, DNA evidence that isn’t handled with care could be cross-contaminated with other samples, making it impossible to prove its origin.
- Chain of Custody Errors: The chain of custody refers to the process of documenting every person who handles evidence from the moment it’s collected until it’s presented in court. If there are gaps or errors in the chain of custody, your criminal defense lawyer can argue that the evidence has been compromised and is unreliable.
- Mislabeling or Loss of Evidence: Sometimes, law enforcement officials make mistakes when labeling or storing evidence, which can lead to lost or mixed-up items. Missing evidence could weaken the prosecution’s case, especially if the evidence is crucial to proving your guilt.
- Improper Search and Seizure: Under the Fourth Amendment, law enforcement officers are required to follow proper procedures when searching your property and seizing evidence. If they fail to do so, your lawyer may be able to suppress any evidence that was obtained illegally.
How Mishandled Evidence Can Help Your Criminal Defense
Mishandled evidence can create reasonable doubt in your case, which is key to securing a favorable outcome. Your criminal defense attorney in New Jersey will review all the evidence presented against you to identify any procedural errors or violations of your rights. Here are some ways mishandled evidence can help your defense:
- Suppression of Evidence: If your lawyer can prove that evidence was mishandled, they may file a motion to suppress the evidence. This means the evidence cannot be used against you in court. Without key pieces of evidence, the prosecution’s case may fall apart.
- Challenging the Credibility of Evidence: Even if the court allows the evidence to be used, your lawyer can challenge its credibility. For example, if DNA evidence was contaminated, your lawyer can argue that it is unreliable and should not be trusted.
- Creating Reasonable Doubt: In a criminal trial, the prosecution must prove your guilt beyond a reasonable doubt. If there are questions about the integrity of the evidence, your lawyer can use this to create doubt in the minds of the jury, increasing the chances of an acquittal.
Recent Updates to New Jersey’s Criminal Laws
New Jersey has made several updates to its criminal laws that may affect how evidence is handled in your case:
- Use of Body Cameras: Many law enforcement agencies in New Jersey are now required to use body cameras when interacting with the public. Footage from these cameras can serve as evidence in your case, but it must be properly stored and handled to maintain its integrity.
- Reforms in Search and Seizure Laws: Recent rulings have clarified the requirements for obtaining search warrants in New Jersey. If law enforcement officers fail to meet these requirements, any evidence they collect may be inadmissible in court.
- Changes to Drug-Related Offenses: New Jersey’s recent decriminalization of certain drug offenses means that evidence related to drug possession may not be as incriminating as it once was. However, mishandled evidence in drug-related cases can still play a significant role in your defense.
The Role of a Criminal Defense Lawyer in Challenging Evidence
Having an experienced criminal defense lawyer on your side is crucial when dealing with mishandled evidence. Your attorney will thoroughly investigate the evidence in your case, looking for any mistakes made by law enforcement. Here’s how your lawyer can help:
- Reviewing the Chain of Custody: Your lawyer will scrutinize the chain of custody to identify any gaps or inconsistencies that could suggest the evidence was mishandled.
- Hiring Expert Witnesses: In some cases, your lawyer may hire expert witnesses, such as forensic analysts, to testify about the mishandling of evidence. These experts can provide valuable testimony that discredits the prosecution’s case.
- Filing Motions: If evidence was obtained illegally or mishandled, your lawyer can file motions to suppress the evidence or have it dismissed altogether.
- Negotiating with Prosecutors: In cases where mishandled evidence weakens the prosecution’s case, your lawyer may be able to negotiate a favorable plea deal or even get the charges dropped.
Steps to Take If You’ve Been Charged with a Crime in New Jersey
If you’ve been charged with a crime in New Jersey and believe that evidence has been mishandled in your case, it’s important to act quickly. Here are the steps you should take:
- Hire a Criminal Defense Lawyer: The first step is to hire an experienced criminal defense attorney in New Jersey. Your lawyer will evaluate the evidence in your case and look for any signs of mishandling.
- Do Not Speak to Law Enforcement: Avoid making any statements to law enforcement without your lawyer present. Anything you say can be used against you, and your lawyer can help ensure your rights are protected.
- Preserve Any Evidence: If you have any evidence that could support your defense, such as video footage or witness contact information, be sure to preserve it and share it with your lawyer.
Contact Davis Law Firm, LLC for Strong Criminal Defense Representation in New Jersey
If you’ve been charged with a crime in New Jersey, the attorneys at Davis Law Firm, LLC are here to help. Our experienced criminal defense lawyers will thoroughly review the evidence in your case, identify any mishandling, and build a strong defense to protect your rights.
For a comprehensive consultation, reach out to us at 609-587-9100 or complete our online contact form. Let our experienced team vigorously defend your rights and provide you with the strongest possible legal representation.
