Are you facing a domestic violence charge in Jersey City? If so, you should contact a skilled criminal defense lawyer right away. This charge can have devastating effects on your life. You must collect evidence to disprove the allegations against you and support your case. You need a domestic violence lawyer near me to challenge the prosecutor’s evidence.
Challenging Evidence the Prosecution Presents
For the prosecutors to bring a domestic violence charge against you, they must meet a specific threshold of evidence. They must collect enough evidence to convict you in court. To defend you against the charges, your attorney must render questionable evidence presented against you inadmissible, eliminating the ability of the prosecutors to prove you guilty beyond a reasonable doubt.
How Your Defense Attorney Questions Evidence
The following are standard methods used by your attorney when questioning the prosecution’s evidence:
- Suppression of evidence. Law enforcement officers need to follow certain procedures when they gather evidence against you. To suppress evidence taken by the police in violation of your constitutional rights, your attorney may file a motion. Your attorney may claim the police sought the evidence without a valid search warrant or probable cause to believe you committed the crime in question.
- Questioning physical evidence. Because the memories or motives of people are not fully accurate, physical evidence is often provided more weight than statements from witnesses. Physical evidence includes injury photos, medical reports, or destroyed or damaged property. Your attorney may present explanations for this evidence or question its integrity.
- Challenging testimony. In domestic violence cases, witnesses may include the one accusing you, responding police officers, medical experts, relatives, and third parties who witnessed the incident that led to your arrest. Your lawyer can cross-examine the witnesses that prosecutors will call to testify. This way, they can challenge the observation of every witness and highlight inconsistencies in their statements.
- Insufficient evidence. Usually, criminal cases are dropped if the prosecution cannot present sufficient evidence. This can occur by suppressing evidence that there is a lack of proof to convince you or questioning why vital evidence is not available. For instance, your accuser may claim you have committed other violence before; however, they cannot offer physical evidence of such claims like witness testimony, medical records, and police reports.
- Circumstantial evidence. If testimony for your alleged victim is undependable and there are other explanations for the injuries they sustain, the evidence can be considered circumstantial.
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