Evidence is essential in the pursuit of a criminal case. It serves as the basis for both sides’ arguments. It is crucial to take great care when investigating a crime. The importance of evidence does not end with the trial. Every criminal defence lawyer will tell you that evidence obtained during a criminal case should be preserved in perpetuity. This is to ensure that due process rights are fully respected.
It is crucial to preserve evidence because it can have an impact on the whole course of a criminal case. This influence can go well beyond the initial resolution through appeals. The government is required to collect and properly preserve evidence in criminal cases. A criminal defence attorney will examine all evidence and ensure that it is preserved and collected properly to protect the defendant’s rights.
Learn more about why evidence preservation is so important in criminal cases.
Help Establish Prosecution Arguments
The state authorities will use the evidence collected during an investigation to establish key facts. It is crucial that evidence be collected in compliance with established standards. It can be irresponsible if the evidence isn’t properly collected and preserved. An experienced defence lawyer will challenge not only the credibility of evidence but also the integrity of its preservation and collection. A mistrial or abandonment can result if evidence is not properly preserved. Evidence is the foundation of a prosecution case.
Defend the Accused
In a criminal case, the evidence is just as crucial. First, a defence lawyer can review evidence against the defendant and attack its credibility if it was not properly collected and preserved. It is also important to preserve any evidence that the defendant might have of an exculpatory nature, which can be used as evidence to prove an alibi.
Protect the Accused
Even after a criminal case is resolved in its initial phase, the defendant has the right of appeal which could last for quite some time. To ensure that any evidence that might reasonably be relevant to the appeals process can be used in future legal proceedings, it must be preserved. The preservation of evidence is an integral part of the due process rights and the pursuit of justice within the legal system.
Many cases have seen evidence that was initially found to be discrediting of a defendant used years later to exonerate the defendant. A defendant’s innocence may be proven years later by DNA evidence that can’t be tested in his past. If that evidence isn’t preserved properly, it may not be available, and an innocent person could remain in prison for crimes they didn’t commit.
Please speak to your criminal lawyer to help with your case if you’ve been charged for a criminal offence.
The author of this article is an expertise lawyer. In this article, he has explained why you need to preserve the evidence in case you are charged for a crime.