The police arrested you for a crime, and the state started loading up on evidence against you. But just because the evidence exists, doesn’t mean it’s guaranteed access to the courtroom.
There is an arrest every three seconds in the U.S., which works out to 10.5 million arrests every year. This makes for a wave of evidence that prosecutors must present, and there are circumstances set aside for appeals when their proof doesn’t live up to the requirements.
Submitting exhibits is an essential part of many cases, but not all evidence is fit to serve:
- Denial of motion to suppress: The evidence the state obtains against you will need to meet the legal standards for appropriate search and seizure. You may ask the courts to suppress anything that doesn’t make the grade. When the court denies your motion when it should have allowed it, you may have room for recourse.
- Denial of motion for mistrial: When you successfully ask for the courts to restrict evidence from the proceedings, that information can’t find it’s way into the courtroom. There might be grounds for a mistrial when a lawyer or witness lets something slip. If the courts don’t grant your request, you may have a path to appeal.
- Sufficiency of the evidence: There needs to be enough proof that you’ve actually committed a crime. A prosecutor may be able to prove you did the act with no problem, but still fail to show that you did so without consent, to the required degree of severity or in an applicable jurisdiction.
The evidence from the state must meet the requirements set in place by the law. Anything short of compliance could get your case a second look.