6 Ways to Tell if the Prosecutor’s “Evidence” is Non-Admissible

Evidence is arguably the most important element in any case and trial. Both the criminal defense attorney and the prosecutor try to generate enough evidence to convincingly sway the jury or court to their reasoning. If the evidence is convincing enough or non-refutable, it could be the definitive proof that can either land you with a conviction or a verdict of not guilty.

However, prosecutors can be sneaky sometimes when trying to obtain evidence to use against you. It is important to have a seasoned defense attorney on your team so non-admissible evidence can be recognized and challenged. Defense Attorney Michael Marley of Marley Law has accrued over 15 years of legal experience throughout Orange County and has the trained eye to spot foul evidence.

Call (949) 726-6000 today to seek out the services of Marley Law or you can also fill out a quick form on our Contact Page.

Continue reading to learn more about evidence and what makes it admissible or non-admissible.

The Types of Evidence

First, it is important to know what types of evidence can be used for or against you. Your defense attorney will attempt to collect as much evidence as possible to better your chances. Typically, evidence in these categories is searched for by both parties:

Real Evidence – This is anything physical that can be used to defend your case; knives, DNA, guns, or anything else that was physically at the crime scene.

Demonstrative Evidence – Anything to help reconstruct the crime scene like maps or charts. The point is to show the court how the alleged crime took place.

Digital Evidence – As the name suggests, this is evidence that is submitted to the court that was obtained on anything digital (computer, phone, tablet). Common examples are text messages, audio recordings, videos, and emails.

Testimonial Evidence – This is the gathering of potential witnesses to the alleged crime. They often take the stand and answer questions from the defense and prosecutors to help further their client’s case.

What Makes Evidence Non-Admissible?

Evidence can sometimes be denied if the defense attorney spots illegitimate claims. The six main ways evidence will be determined to be non-admissible are:

  1. The defendant’s legal rights were violated
  2. Unlawful police search and seizures were conducted
  3. Hearsay rather than fact
  4. Prejudicial to the defendant
  5. Lacks relevance to the case
  6. Unconvinced the “evidence” was handled with care

Orange County’s Expert Defense Attorney

If you have been accused, charged, or arrested with a criminal offense, you need to get in contact with Orange County’s best criminal defense attorney. Marley does not stop until the best possible outcome is reached for your case. Call (949) 726-6000 to speak to a representative and book a free consultation.