Articles Posted in Evidence

Regardless of which offense a person has been charged with, it will require some evidence gathering. What type of evidence you gather and the sources you consult with to gather the evidence will depend on the type of offense you have been charged with. Where should you look? What will be admissible? These are questions that require extensive legal knowledge and experience to answer. A Los Angeles Criminal Defense lawyer has exactly the knowledge and experience required to not only prepare a case and argument in your favor, but to gather the right evidence to support your argument.

Each case will require a different gathering of evidence, but most cases will involve an officer’s report. This is often referred to as discovery. The report is generally handed to an attorney or person being charged on the day of their first hearing, which is the arraignment. However, receiving the report the day of the hearing allows very little time for a person to prepare. This is why it is important to retain a Los Angeles Criminal Defense attorney who has connections with the different courthouses and frequently appears in these courtrooms. Knowing the prosecutors, clerks and Judges, allows the attorney to gather the report efficiently and quickly well before the hearing.

If the attorney has the report prior to they hearing, they are able to assess the officer’s actions and review any shortcomings. For example, in a DUI case and officer must have probable cause to pull someone over before they even initiate an alcohol or drug testing. Probable cause can be any type of traffic violation such as speeding, running a red light or failing to stop when required to do so. If there is no probable cause, the officer cannot stop someone, and in turn cannot conduct an alcohol or drug testing. The officer will state in his report what that probable cause is. This allows the attorney to review the probable cause, and request surveillance footage, or pictures if necessary.

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.

Discovery is a very important part of a criminal case. It is a crucial element for Los Angeles Criminal Defense lawyers, as it is the majority of the evidence that the case will rest on. Discovery itself is the process in which the defense will obtain evidence processed by the Prosecutor regarding the case. Prosecutors may also obtain evidence and information from the defense side to help build their case.

Discovery will include pictures taken at an arrest site, surveillance, arrest reports, statements and officer’s observations. It is essentially any evidence gathered by either side that they will be using to prove their case. One of the most common forms of discovery is an arrest report. It is the foundation upon which Prosecutors build their case.

The arrest report may be obtained at the first court hearing, also known as the arraignment. Generally when the person being charged has hired an attorney to represent them, the attorney can go into court and ask the Prosecutor for a copy of the discovery. The prosecutor will ask the attorney for a business card so that they can keep track of who the discovery was given to, and provide the lawyer with a copy.

Many of our clients who have been charged with a Driving Under the Influence charge, claim that they did not become intoxicated at their own volition. Many argue that someone tampered with their drink, and added more alcohol or possibly even a drug that led them to become intoxicated.

This is a defense that has to be presented carefully. It requires strong evidence that supports the argument being made. Prosecution will prepare a strong rebuttal in each situation, but an experienced San Diego DUI Lawyer will be able to anticipate the potential arguments and will have a powerful defense prepared in your favor.

To prove that there was involuntary intoxication, one of the strongest types of evidence that may be presented is witness testimony. If a person can provide testimony that they directly observed someone pouring alcohol or drugs into your drink, without your knowledge, your case may have a strong defense. However, there are several concerns by prosecutors when proving a criminal case through the use of witness testimony.

California Penal Code §459 makes it unlawful for any person who enters a dwelling or structure with the intent to “commit grand or petit larceny or any felony is guilty of burglary”.

Two major elements must be met for any person to be convicted of a burglary charge. The Prosecutor must prove to the Court that the person being charged is guilty beyond a reasonable doubt of both.

It must be proven that 1) the person entered a dwelling or structure and 2) they had the intent to commit theft of burglary. The prosecutors prove their case by using evidence such as witness testimony, evidence of break ins, DNA and other genetic evidence as well as observations of the scene after the fact.

A person who has been charged with a criminal case in Los Angeles will be brought before the Criminal Court so that a case can be conducted to determine whether they will be guilty or not. A Prosecuting attorney will set out to prove that the person being charged is guilty beyond a reasonable doubt. The criminal defense attorney will present a defense that goes to show that there is not enough evidence to determine guilty beyond a reasonable doubt by casting doubt on the evidence presented.

There are two types of evidence that a prosecutor and a defense attorney will use to prove their arguments; direct evidence, and circumstantial evidence. Direct evidence is evidence that is directly observed, it provides direct evidence of guilt. An example of direct evidence in a DUI case is a blood test that reads over .08. A blood test reading will provide evidence that the driver was intoxicated.

Direct evidence in other criminal cases will include direct police observation, and the testimony of that officer on the stand stating that what he or she observed. If there is a case for assault, direct observation would also include a nearby witness who saw the assault happen. For example, lets say Dan and Victor were having a heated discussion on the street outside of a bar. Will is the guy working at the door and checking I.D’s. The discussion between Dan and Victor escalates and Dan hits Victor. Will standing nearby witnesses the whole incident and is questioned later by authorities that are called. The testimony that Will provides will be direct evidence.