5 Ways a Criminal Defense Attorney Can Challenge the Evidence Against You in NJ

In any situation when you have been accused of a crime, your choice of legal representation is crucial to ensuring that your rights are protected and that you have an advocate in your corner who will seek to secure the best possible outcome in a difficult situation. A positive outcome from a criminal defense case can range from an acquittal to a plea bargain or reduced sentence, depending on the individual situation and facts of the case. Among the many methods your criminal defense attorney will use to help secure the best possible outcome is by thoroughly reviewing evidence against you and pursuing all avenues by which that evidence could be challenged. Here are 5 of the most common ways the evidence in a case can be challenged.

1) Finding New Witnesses That Can Help to Establish Reasonable Doubt

A new witness can cast doubt on the prosecution’s theory. A quality New Jersey attorney will investigate the details of your case and available witnesses on your behalf.  There are times that the prosecution can overlook a witness for a variety of reasons, or avoid a potential witness that could support your testimony.  We will interview anyone who we believe may have a different insight or perspective on your particular situation.  There are several types of witnesses that we may look to to create reasonable doubt:

• Lay witnesses:  These are people who may have seen or participated in certain events and can describe what they saw.
• Expert witnesses:  These are people who are experts in a certain field that pertains to the case.  Their testimony is limited to their area of expertise.
• Character witnesses:  These are people who did not see the event, but can shed light on the character of the defendant.  Character witnesses most times don’t witness a crime, but may include family members, neighbors, friends, and clergy.

When we find a new witness, we will interview that person and use the information they provide us with to your benefit.  In certain cases, a new witness can have a tremendous impact on the outcome of the verdict.

2) Discovering Discrepancies in Stories of Known Witnesses

Witnesses for the prosecution can change their stories as time passes.  Frequently during the re-interview process, witnesses can remember things differently or provide new information that can change the outcome of your case.  Sometimes witnesses will recall more of what they saw at a crime scene as time goes on, or they may completely change their story.  We will re-interview witnesses with an eye for inconsistencies and gaps in their observations.  Our attorneys have years of experience interviewing witnesses.  In that time, we have developed a keen sense for changed details and new information, and can identify opportunities where these discrepancies can make an impact for your defense.

3) Uncovering New Evidence That May Have Been Overlooked.

During the course of an investigation, it is possible that some evidence may be missed.  Our team of attorneys will work tirelessly to examine all of the evidence.  In a day and age when seemingly everyone has a phone with a camera, it may be possible that someone could have inadvertently filmed or taken pictures of the scene.  It is also possible that new evidence can be uncovered via social media posts.  Our experienced attorneys will leave no stone unturned and may be able to find evidence in your favor that was missed by law enforcement or prosecutors.

4) Investigate Witness Credibility and Motives

A good attorney will look into each witness that comes forth to establish his or her credibility.  While most witnesses’ intentions are good, it is possible that we may uncover evidence of a number of potential factors that could affect the validity of their testimony. These factors could vary greatly, but include things such as a witness harboring a personal grudge that would taint his/her testimony, or a witness with an established history of lying, which could be very harmful to the prosecution’s case..  We can conduct background checks on a witness in an effort to establish a pattern of criminality or dishonesty.  If we are able to find relevant evidence, we will use the information to discredit that witness with the jury.

5) Identifying Potential Flaws In Police Work

During the course of an investigation, a criminal defense attorney can sometimes find problematic issues in the case’s police work, so we look into every aspect of the police findings and look for any potential holes in evidence or flaws in procedure.  Some of the more common problems that we may encounter are:

• Problems with evidence collection:  Was the scene tainted in any way?  Were proper procedures followed when the police were collecting the evidence? Has the chain of evidence been broken or improperly followed?
• Neglected leads:  When a defendant or witness gives information to the police that is not properly investigated, we will pursue that information on your behalf.
• Technical mistakes:  Was there evidence or facts that were left out of the police report?  Was there an unwarranted use of force by the officer(s) on the scene?

If errors or evidence of impropriety can be found, we will shed light on these issues that provide reasonable doubt.

Let us represent you!

The attorneys at Gruber, Colabella, Liuzza, Thompson, & Hiben are ready to take on your case and fight for you in a New Jersey courtroom.  When you work with us, you will have decades of combined experience at your disposal.  Our attorneys and legal staff are eager to help you with your defense. Contact us today.