Have you ever heard the phrase, “guilty beyond a reasonable doubt?” In a criminal case, this is essentially talking about the standard of evidence necessary for prosecutors to obtain a guilty conviction. When a defendant’s freedom is at stake, all the facts must be addressed. This could be the difference between someone going to jail or prison, charges being dismissed, or someone being wrongfully convicted. Defense attorneys have the critical job of looking at the facts of a criminal case and the conduct of arresting officers and detectives. Even the smallest details in a case can make a massive difference. Below are some of the critical items that will be considered in an alleged criminal case.
Facts surrounding a criminal case
- Where you were and who you were with
Prosecutors need to put people at the crime scene within a timeframe when the alleged crime had occurred. If a person can show they were somewhere else, it can challenge the government’s evidence linking that person to the scene of the crime. Alibis can also be made if you were with someone else at the time and can show it through receipts or video evidence.
- If anyone witnessed the crime
Are there any witnesses to the crime that can identify someone other than the charged person with the crime? It is important to find other people out there who may shed light on a case by providing their statements detectives.
- A warrant and Miranda Rights
We all know that a warrant is not always required for an arrest to be made. Depending on the circumstances, someone may be wrongfully arrested if officers searched or seized your property without a warrant. If evidence has been gathered unlawfully, this evidence may be thrown out. Before conducting an interrogation, police must read your Miranda rights. Depending on the circumstance’s things said during questioning may also be deemed as inadmissible.
Remember that just because you have been charged with a crime does not mean that you are guilty. The criminal justice system is supposed to protect victims and those charged with a crime equally. If you or a loved one has been charged with a crime, it is important to seek legal counsel. Contact Utah Criminal Defense Attorneys today at 801-987-8409 to speak with an attorney are request a case review.