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Orlando Criminal Attorney > Blog > Criminal Defense > Challenging the Evidence in a Criminal Case

Challenging the Evidence in a Criminal Case

If police arrest you and charge you with a criminal offense, they must have sufficient evidence that supports their claim. This can include physical evidence, such as a firearm they say you used to shoot someone, or other types of evidence, such as eyewitness statements. If you want to be successful with your case, challenging this evidence is crucial.

When it comes to verbal evidence, such as witness statements, these can often be challenged if the witness contradicts themselves or if different people provide conflicting statements. In the case of physical evidence, there are generally three ways you can challenge it to give you the best chance of beating your chances.

Challenging When the Evidence was Found

After a suspected crime, police will seal off the crime scene so they can gather any evidence before it becomes lost, stolen, or destroyed. However, they can only seal off the crime scene for a certain period of time. For example, law enforcement may accuse someone of stabbing another person in May of 2020. If they find a knife in the same area of the alleged crime in May of 2021, that is not evidence that can be used against you. The crime scene was no longer sealed off and so, the knife could have ended up there in a number of different ways.

Challenging How the Evidence was Found

Law enforcement can collect evidence, but how they collect it is important and can provide a defense in a criminal case. If police officers want to collect evidence from your personal property, such as your vehicle or your home, they must obtain a warrant as stipulated under the Fourth Amendment. However, there are some exceptions to this.

For example, if you are pulled over for a suspected DUI and the police officer sees an open container of alcohol, they are allowed to seize that evidence without first obtaining a warrant. In other situations though, if the proper procedures were not followed, the evidence against you can be thrown out of court.

Challenging How Law Enforcement Stored the Evidence

When law enforcement seizes evidence, they must store it properly. For example, they may have found a bag in your house with a substance they believed was marijuana, despite your arguments that it was oregano. If law enforcement presents evidence from the lab showing that the substance was in fact, marijuana, they must also present evidence of how the substance was stored and prove the substance tested was the same one they seized from you.

Our Criminal Defense Lawyer in Orlando Knows How to Challenge Evidence

If you have been charged with a crime, our Orlando criminal defense lawyer at O’Mara Law Group can help challenge your evidence to get it thrown out so it cannot be used against you. Call us today at 407-634-6604 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

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