Evidence in Henrico County Criminal Cases
Facing a criminal offense in Henrico County? The following is the type of evidence that will likely be presented in your case and what an experienced attorney can do to help. To learn more or discuss your case in more detail, schedule a consultation with a Henrico County criminal lawyer today.
What Does Prosecution Have To Prove In Court?
First the prosecution has to show that a violation of the law occurred. Obviously there are some factors that go into that. Then they have to show that the elements of that crime occurred, took place in the County and were committed by the defendant.
How Do They Go About Proving The Case?
Prosecutors have to show the elements of the crime. The elements of a crime are the requirements of the statute to show the violation. Elements for example can be the requirement to show intent, that serious injury occurred, or the values of items that were stolen or damaged in the property case.
In order to prove their case prosecutors, either through testimony of the officers and through physical evidence, need to show that the defendant committed the alleged violation. They will use statements of the officers, statements of witnesses, and the statements of defendants if provided to show a crime occurred. Prosecutors will present physical evidence like photos, documentation, or other exhibits that can show a crime occurred or some element of the crime therein. In addition, they will also present findings from the department of forensic science if evidence was required to be analyzed and verified to prove a crime occurred. This can take the form of a simple drug analysis or reviewing of blood or DNA samples.
Are There Any Constitutional Issues That May Come Up In Henrico Criminal Cases?
The most common constitutional issues we see are issues involving the Fourth Amendment for search and seizure or the Fifth Amendment for self incrimination. Those are most common in day to day criminal matters.
How Can These Issues Impact a Case?
If we can find a constitutional violation it can be extremely beneficial toward the final outcome of a case. It can result in the reduction or the outright dismissal of a case.
In many cases evidence is obtained through the search and seizure of an individual or individual’s property. We can often challenge if there was probable cause for them to obtain that evidence. The prosecution must show there was sufficient probable cause for them to search your vehicle, to search your home, or to take up blood samples. If we can show there was insufficient probable cause, evidence obtained through such a search would be inadmissible.
Now How Do You As A Henrico Criminal Lawyer Review This Evidence?
The best way for us to try and review that evidence is through cross examination. What we do is cross examine witnesses, determine if they saw what they claim to have seen, is their testimony believable, or do they have ulterior motives. Next we can cross examine any law enforcement involved to determine if followed the correct procedures, had probable cause for the stop and arrest, and properly collected any evidence or statements.
We will also move to challenge any physical or scientific evidence provided by the State. We can challenge the methods used to test certain items, how the evidence was obtained, or the chain of custody of the items in question.
We want to research the case law to determine if there are defenses available under the law. In addition, if possible we will present our own witnesses to dispute the states and provide mitigating factors if available.
