The prosecution’s job is to use evidence to prove beyond a reasonable doubt that an individual committed a criminal offense. The job of an experienced Philadelphia criminal defense attorney is to challenge the validity of that evidence.
The Zeiger Firm understands the complexities of Pennsylvania law and the criminal justice system. We can effectively file pre-trial motions to suppress evidence and challenge different types of evidence presented at trial. Our approach depends on the circumstances. Contact our Philadelphia criminal defense lawyers today for a free consultation to learn how we can challenge evidence at every stage of your case.
Probable Cause for the Search or Arrest
Before a law enforcement officer can perform a search and seizure or make an arrest, they need to have probable cause. This means they must have a reasonable basis for believing a crime may have been committed or that evidence of a crime is present at the location to be searched.
When evidence gets obtained without probable cause, an experienced criminal defense attorney can protect your rights and fight to prevent that evidence from being used against you in court. Criminal defense attorneys strategically fight for you against criminal charges and can question the integrity of law enforcement’s investigation.
The Underlying Criminal Charges or Charging Documents
While many people assume that criminal cases begin when an individual is arrested, this is not the case. Rather, they begin when prosecutors file charging documents against that individual. Charging documents come in many types, including indictments, informations, and complaints. An indictment is a formal, legal document issued by a grand jury that states there is an adequate basis to bring criminal charges against an individual.
An information is also a formal, legal document charging an individual with committing a criminal offense. However, it comes from a prosecuting attorney without the participation of a grand jury.
Since indictments and informations initiate criminal charges, the defendant and their defense attorney will not be present to witness them.
Statements You Made to Police
You have the right to remain silent during a custodial interrogation. However, some law enforcement officials fail to notify individuals of their legal rights. These are also known as Miranda rights. Law enforcement officials must read Miranda rights before officially questioning you. If you confess or make incriminating statements to the police without being informed of your legal rights, criminal lawyers may be able to get the statements you made to the police suppressed.
Witness Statements
Witness statements can be a robust form of evidence. However, witnesses’ memories are fallible. Witness statements may also be unreliable and untruthful. A skilled defense attorney can review witness statements and identify whether there are abnormalities that may call their validity into question.
Eyewitness Identifications
An eyewitness positively identifying a suspect and placing them at the crime scene seems like strong evidence against an accused individual. Yet, when a witness identifies the accused in situations that are overly suggestive – such as the accused being the only individual presented to the witness, or none of the other members of a lineup matching the accused’s description – that may be grounds for the evidence to be suppressed and thrown out by a judge. The eyewitness’s reliability can also be questioned for various reasons, such as when considerable time has passed or when the eyewitness takes a very long time to identify the accused.
Illegal Searches
The Fourth Amendment protects people from unreasonable searches and seizures by law enforcement. Suspicion or a “gut feeling” is not enough to conduct a legal search or make an arrest. If officials fail to follow proper procedure, do not have a search warrant, or lack probable cause, an experienced defense lawyer can challenge the evidence collected in the illegal search so the prosecution cannot use it against you in a criminal case.
Physical Evidence
Physical evidence may be suppressed when law enforcement searches your home or vehicle without probable cause or a warrant. A defense attorney may also argue that evidence should be thrown out because it misleads or prejudices the jury against the accused or unnecessarily prolongs the court proceedings.
In the case of DNA evidence, the test results must be relevant, reliable, and authentic to be admitted as evidence in court. They must materially affect the outcome of the case, and the sample must have been obtained and preserved in compliance with scientific principles and chain of custody rules. Our legal team has a thorough understanding of criminal law and extensive experience fighting state and federal charges.
Sobriety Tests
An effective defense attorney can argue sobriety test results should be excluded when the testing methodology is flawed or the lab that handled any physical samples contaminated the provided specimen. In some cases, they may also argue that the defendant has a medical condition that affected the test results.
Witnesses at Trial
Witnesses at trial help paint a firsthand account of the situation. However, not all witness testimony is reliable. Some witnesses may provide an unreliable or inconsistent narrative or have credibility issues the defense team can call into question. Additionally, a defense attorney can argue that an independent expert witness lacks the credentials or knowledge to provide reasonable evidence.
Evidence at Trial
Your criminal defense attorney can challenge evidence when it’s presented at trial. For example, when evidence is more prejudicial than probative—in other words, when it serves to prejudice the jury against the defendant to a greater extent than it proves the prosecution’s case against them—your attorney can challenge its admissibility. This defense tactic can be vital in cases involving drug crimes.
Chain of custody issues can also be grounds for your attorney to challenge evidence if they can argue it may have been tampered with or contaminated by law enforcement, the testing facility, the storage facility, or any other party in the custody chain.
During the trial phase, an experienced Philadelphia criminal lawyer can aggressively defend you by pointing out inconsistencies in witness statements, challenging prior convictions, and objecting to prosecution arguments.
All evidence introduced by the prosecution must meet the burden of proof to achieve a guilty verdict in the case against you. Your attorney will try to argue how the prosecution’s case falls well below this high threshold.
Pennsylvania Rules of Evidence That May Affect Your Case
Challenging evidence in criminal defense cases requires a thorough understanding of the Pennsylvania Rules of Evidence, which are found in Title 225 of the Pennsylvania Code. Some examples of the Rules of Evidence that are frequently at issue in Philadelphia criminal defense matters include:
- Pa.R.E. 401 and 402 – Relevance – Rule 401 sets out the test for relevant evidence. The two parts of the relevance test require that the evidence have “any tendency to make a fact more or less probable than it would be without the evidence,” and that “the fact is of consequence in determining the action.” Rule 402 holds that relevant evidence is generally admissible, unless it is barred under the law, whereas irrelevant evidence is inadmissible.
- Pa.R.E. 403 – Unfair prejudice – Rule 403 allows the court to exclude evidence if it determines that the evidence’s probative value (usefulness in establishing a fact) is outweighed by the risk of “unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”
- Pa.R.E. 404 – Character evidence – Rule 404 generally makes character evidence inadmissible for proving that an individual acted in accordance with a certain trait in a specific situation. However, an exception applies in criminal cases that can allow the introduction of character evidence. A defendant in a criminal matter can introduce character evidence, but the prosecution gets the opportunity to rebut it. In some circumstances, the defendant may also provide evidence of the alleged victim’s character traits.
- Pa.R.E. 702 – Expert testimony – Rule 702 allows individuals qualified as experts in certain subject matter to testify about their opinions in some circumstances. Non-experts may offer opinion-based testimony only in much more limited situations. The rule sets out requirements an expert must meet to provide testimony that would otherwise be inadmissible from a non-expert.
- Hearsay exceptions under Pa.R.E. 801, 802, and 803 – According to Rule 801, hearsay is defined as a statement “the declarant does not make while testifying at the current trial or hearing” and “a party offers in evidence to prove the truth of the matter asserted in the statement.” Rule 802 states that hearsay is generally inadmissible, unless an exception applies. Rule 803 lists exceptions, including present sense impressions, excited utterances, statements related to medical diagnoses, and public records, among others.
Brian Zeiger’s Approach to Challenging Evidence in Philadelphia Courts
Depending on the specifics of your circumstances and the evidence at issue, you could have options for challenging evidence in criminal cases. Criminal defense attorney Brian Zeiger carefully analyzes the prosecution’s evidence in the cases he handles, looking for potential challenges. He knows how to challenge DNA evidence in a criminal case, as well as how to challenge many other types of evidence.
Here are just a few examples of the steps The Zeiger Firm frequently takes to challenge evidence in Philadelphia criminal defense cases:
- Reviewing police reports – One of the first steps in building a defense involves a thorough review of the paperwork law enforcement generated during their investigation and arrest.
- Analyzing body camera footage – Many law enforcement officers wear small cameras. A review of any videos recorded during your interactions with the police officer could reveal constitutional violations or procedural errors that could result in evidence being inadmissible.
- Identifying constitutional violations – A successful criminal defense often hinges on violations of constitutional rights. Our criminal defense attorney can carefully analyze the prosecution’s evidence and the way it was secured to look for constitutional issues.
- Working with forensic experts – Forensic experts may be necessary to analyze evidence and testify about what it means for the charges you are facing.
- Filing suppression motions – When we identify evidence that should be inadmissible under the Rules of Evidence, due to constitutional violations, or for other reasons, we can file motions to suppress or exclude it from consideration at trial.
Our law firm is focused on using every legal tool available to pursue the best outcome for our clients. To learn more about previous clients’ experiences with The Zeiger Firm, we invite you to read some of our positive reviews. For example, one of our past clients wrote:
“This has been a long 2 years, probably the most stressful time in awhile. Throughout this whole process, Brian Zeiger and his wonderful team never let my wife or myself down. I was looking at significant time in prison and Brian was able to get me my life back!! “ – Frisco R.
How an Experienced Philadelphia Criminal Defense Lawyer Can Help
If you are facing criminal charges, talk to an aggressive Philadelphia criminal defense attorney. At The Zeiger Firm, we provide a strong defense through effective advocacy and always focusing on protecting our clients’ rights. Our criminal defense team has extensive knowledge of the Pennsylvania criminal justice system and an impressive track record of defending clients from serious state and federal charges. We know how to effectively challenge an array of evidence by filing motions and presenting compelling arguments at trial.
Contact an experienced Philadelphia criminal defense lawyer today for a confidential legal consultation. We stand ready to assist you.
