The opposing attorney presents their evidence and you can feel your heart pounding. Whether accurate or not, that evidence can help establish the case against you. If you notice inaccuracies in the evidence, it can feel even more harrowing. Having that evidence presented against you could mean that the jury decides to convict, even though you know it’s inaccurate. In some cases, you can get that evidence thrown out of court, erasing it from the record and preventing it from being used against you.

TEXAS RULES OF EVIDENCE

Texas Rules of Evidence lays out clear guidelines that the court must follow in order to “secure fairness” in a trial. According to those guidelines, in order for evidence to be admitted into the record, the presenting attorney must first establish several key things.

First, the attorney must establish that the evidence is, effectively, what they say it is; that its existence does not create any contradictions in the case.
The evidence must pertain to the claim in question. The court will not hear evidence that is irrelevant to the case.
The evidence must not mislead the jury or create unfair prejudice.
The evidence must be accurate.

In addition, Texas Rules of Evidence clearly lays out circumstances for considering witness testimony, including the reliability of the witness, and the credentials required of an expert witness.

WHAT MAKES EVIDENCE ADMISSIBLE

Evidence is admissible, according to the Texas court system, when it:

Is relevant to the case at hand.
Is authentic. That is, the evidence must not be manufactured, false, or misleading.
Is not protected by any type of privilege (i.e. attorney/client privilege or husband/wife privilege).

Judges also have the right to excuse or admit evidence based on factors not included above.

WHAT IS TEXAS RULE OF EVIDENCE 404?

Texas Rule of Evidence 404 defines when evidence of a person’s character, or character traits, can be presented in court. It cannot be used to prove that the person acted in keeping with that character trait during the incident in question. The rule also clearly lays out some exceptions, including exceptions under which a victim may have the right to use related character evidence to prove that he did not, for example, act as the first aggressor.

TAMPERING WITH EVIDENCE

Tampering with evidence can cause a number of issues. In many cases, tampering with evidence can add charges in a situation that is already difficult for the defendant.

What It Is

Tampering with evidence is defined as any action taken by a defendant to deliberately hide or cover up evidence that could be used against them in a trial. For example, this might include things like deliberately hiding a weapon used in a crime or deliberately destroying a device like a computer or a cell phone that the other side intends to use as evidence in the case.

What are the Repercussions of Tampering

Tampering with evidence can carry heavy consequences, including prison time and large fines.

MISHANDLING OF EVIDENCE (BY LAW ENFORCEMENT)

In order to present evidence in court, law enforcement officers must correctly handle and manage that evidence. Mishandling evidence may include:

Evidence that goes missing.
An improper chain of custody can introduce potential contamination.
Damage to physical evidence.

When police mishandle evidence, either by introducing potential contamination at the scene of the crime or failing to keep track of that vital evidence, the evidence may no longer be admissible in court.

MOTION TO SUPPRESS

A motion to suppress requests that the court excludes any evidence that was obtained illegally. This includes any evidence that was gathered by violating the defendant’s rights to protection against self-incrimination or unlawful search and seizure. That evidence cannot be included in the legal record and cannot, therefore, be used to determine guilt in a trial.

HOW TO GET EVIDENCE THROWN OUT

There are several ways an attorney can help get evidence thrown out so that it is not used in court. These include:

Challenging the competency of a witness would indicate that the witness could not reasonably provide testimony about the matter in question.
Establishing that the evidence was obtained illegally.
Petitioning to throw out evidence that could create unfair bias.
Excluding any evidence that is inaccurate or has been contaminated.
Establishing that the evidence violates privilege in some way.

An attorney can help determine the best method for any given case.

WHAT TO DO WHEN FACING CHARGES

When facing charges, there are several steps you may want to take in order to protect yourself.

1. Seek The Help of an Experienced Attorney

Working with an attorney can make it much easier to navigate a criminal case successfully. An attorney can provide advice at every step of the case, including the evidence collection process. Attorneys can also help prevent their clients from inadvertently tampering with evidence.

2. Don’t Say Anything

If accused of any type of crime, your lawyer would likely advise you to say nothing until you can speak with an attorney. Attorneys can help guide any statements made or discussions with law enforcement.

3. Don’t Sign Any Documents

Avoid signing any admission of guilt or any other documents. Instead, an attorney might advise you to wait until you can bring in a lawyer.

4. Write Down What You Know in a Confidential Journal and Securely Store It

Over time, memories can fade, and it can be more difficult to remember exactly what may have led to a specific event. By noting and storing important facts, it may be easier to recall information that can help protect them. A lawyer can provide key advice about what to write down. Evidence can prove critical in many criminal cases. By working with an attorney, defendants may be able to get evidence that works against them thrown out, especially when it does not accurately represent the case or the circumstances. As a result, defendants can help protect their own rights as the case moves through the justice system.