If you have been charged with a criminal charge in California, you have several rights available to you. These rights are guaranteed by the Constitution and taken very seriously. You have the right to an attorney, you have the right to trial…and among other things, you also have the right to present evidence.
Presenting evidence in a criminal case is a very important right because it allows you to state your case and support your case with the proper evidence. In order to prevent false or misrepresentative evidence from being considered by the Judge, there is a set of rules outlines in the Evidence Code. The Evidence Code is specific in its requirements and prevents the Court from considering evidence that could be falsified.
The Evidence Code is complicated. However, a Los Angeles Criminal Defense attorney will be well versed in what the code requires and what evidence can be presented. If there is pertinent evidence that needs to be presented to the Judge, the attorney will know how to ensure its admissibility.
This is important, because if there is a key piece of evidence that can make or break your case, you will want to ensure that it can be considered by the Judge.
Generally evidence in a criminal case includes possible surveillance, test results, police reports, and other pieces or items from the time of the arrest. The process of obtaining evidence from the police department is referred to as discovery.
It takes time to receive discovery, and it needs to be requested in the right manner. If it isn’t, you risk not receiving what you need in time for Court. An experienced criminal defense attorney will know exactly how to obtain that information quickly and efficiently. Furthermore, an experienced defense attorney will be familiar with the police department, the officers, the prosecutor and the courtroom from their years of practice.
When fighting a criminal charge, it is necessary that you consult with the best and ensure the best possible odds for your case. If you are not represented by an attorney, you may spend months collection evidence, and it may not be admissible. Furthermore, you may have evidence the day after a court hearing which may not even be considered at all because it is untimely.
Oftentimes an attorney will request letters from counselors, or teacher or your peers that will help support your argument and demonstrate your character. This evidence may be admitted for specific reasons under the Evidence Code and is prohibited for other reasons. This knowledge comes from years of practice, and studying the Evidence Code in detail. Don’t take your chances. Let a professional do it for you!