When prosecutors bring criminal charges, it’s based on the evidence provided to them by law enforcement. While prosecutors believe that this evidence was legally obtained, that isn’t always the case. In fact, there are several mistakes that the police can make during their investigation that can jeopardize the viability of the prosecution’s case. If you can identify these errors and exploit them to your advantage, then you might be able to secure dismissed charges or an acquittal. Worst case scenario, you might be able to negotiate a favorable plea deal.
But how can you spot signs of police mistakes? Which ones are more significant and can have a meaningful impact on your case? Let’s look at some common law enforcement errors so that you know what you need to look for as you analyze your case.
Police errors that could give you a strong criminal defense
Not all police errors are created equally. Some are more egregious than others and can give you a massive advantage going into your criminal case. Here are some of the most common and consequential law enforcement errors that you’ll want to look out for as you build your case:
- Illegal search: Most searches require a warrant, but even when the police try to use an exception to the warrant requirement they often do so erroneously. This leads to a violation of your Constitutional rights. If you can show that an illegal search and seizure occurred, such as when the police stopped you without the requisite suspicion, then you can block the prosecution from using seized evidence against you. This can crater their case against you.
- Chain of custody errors: If the prosecution is going to present physical evidence against you, then they have to demonstrate that the evidence is what they purport it to be. If evidence was mishandled during collection and storage, though, you’ll have a better chance of successfully arguing that the evidence was compromised. This can convince a jury that the evidence in question shouldn’t be trusted, or you may have a judge disallow it from being submitted into evidence altogether.
- Unlawful interrogation: If the police are going to subject you to custodial interrogation, then they’re required to advise you of your Miranda rights. If they don’t, then any statements you make to them will be blocked at your trial. Even those that are incredibly incriminating.
- Improper testing: Drunk driving cases are almost always based on the results of field sobriety and breathalyzer tests. Yet, these tests are oftentimes poorly administered, and breathalyzer testing equipment can be improperly calibrated. Highlighting the errors in these testing procedures can severely damage the prosecution’s case, perhaps leaving them without the strong evidence they need to obtain a conviction.
- Exhibiting bias: Everyone has their own biases. But when law enforcement allows their biases to impact their work, you can be treated unfairly and subjected to a wrongful arrest. You need to point these biases out to a jury so that they can discredit the police’s testimony as they see fit.
Build an aggressive criminal defense that protects your future
There’s no one-size-fits-all approach when it comes to building a criminal defense. Instead, you have to analyze the unique facts to see where the prosecution’s case is vulnerable. By doing so, you might identify weaknesses that are open to attack. Then, armed with strong legal arguments, you can find a way to present compelling arguments that just might allow you to escape conviction, thereby keeping your future safe.