If you’ve been arrested and later charged with a criminal offense, this means the prosecution has some evidence against you. Some might think this makes the case a slam dunk, but that simply isn’t true. There is a reason why trials take place. This allows the jury to contemplate questions of facts and the judge to decide on questions of law.
One of the things that the judge in your case must rule on is whether or not the evidence against you is admissible. If the evidence is fabricated, then it must not be used against you. What is meant by the term “fabricated evidence”?
Were drugs planted?
While the overwhelming majority of police officers are law-abiding, like other sections of society, a minority are not. At the end of the day, securing convictions makes officers look good, and this is often their sole focus. They may bend or break the rules at times to achieve this goal. There have been multiple occasions where law enforcement has placed drugs or other illegal substances on a person or premises in an attempt to secure convictions. This is known as planted evidence. It is illegal and should not be used against you in court.
During your arrest, law enforcement will have created detailed accounts of what happened at the time. Any report they make must be truthful and accurate. Sometimes, officers may exaggerate information to make their case appear stronger before the courts. For instance, They might claim that you were aggressive at the time of arrest, when, in fact, you were perfectly calm and cooperative. Forged evidence is also unlawful and it should not be used against you in your case.
Malice is not necessary
Evidence isn’t always fabricated through maliciousness. Sometimes, a simple error or failure to follow protocol can result in evidence being inadmissible. For instance, if law enforcement did not use proper procedures while conducting a search, evidence seized during that search may be inadmissible. Evidence like this is sometimes referred to as tainted evidence.
It’s vital to come up with a defense strategy if you are facing criminal charges. Seeking legal guidance from someone with knowledge of the criminal law will help you obtain the best possible outcome in your case.