If you have been accused of a crime in New Jersey, you have a variety of options for defending against the charge (or charges) against you. One of these options is to try to keep the prosecution’s evidence out of court. Without sufficient evidence, prosecutors won’t be able to prove your guilt beyond a reasonable doubt, and this means they won’t be able to secure a conviction.
How can you keep the prosecution’s evidence out of court? Keep reading to find out from an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A.
7 Ways to Keep Evidence Out of Your Criminal Case in New Jersey
In most cases, keeping evidence out of your criminal case in New Jersey involves showing that there were problems with how the evidence was collected. For example, as we discuss in greater detail below if the police conducted an unconstitutional search or seizure, this could render all of the evidence obtained during (and after) the search or seizure inadmissible in court.
But there are other options as well. Evidentiary issues are complicated, and if you aren’t careful, you could end up being convicted based on evidence that could—and should—have been suppressed from your trial. This is one of several reasons why it is important to have an experienced New Jersey criminal defense attorney on your side.
Here are seven ways a New Jersey criminal defense attorney may be able to keep evidence out of your trial:
1. An Unconstitutional Search or Seizure
The police must conduct all searches and seizures in strict accordance with the Fourth Amendment of the U.S. Constitution. The Fourth Amendment prohibits “unreasonable” searches and seizures, and a search or seizure can be deemed unreasonable on various grounds. These include (but are not limited to):
- Conducting a search or seizure without a warrant when a warrant is required
- Conducting a search or seizure that exceeds the scope of a warrant
- Improperly obtaining a warrant or obtaining a warrant that is defective or flawed
- Improperly executing a warrant
- Seizing evidence when the police are not lawfully on the property where the seizure occurs
Broadly, the Fourth Amendment requires that the police have “reasonable suspicion” to make a warrantless stop (e.g., a traffic stop) and “probable cause” to make an arrest. If the police conduct a warrantless stop without reasonable suspicion or make an arrest without probable cause, any evidence obtained as a result of the unconstitutional stop or arrest may be inadmissible in court.
2. A Break in the Chain of Custody
When the police collect evidence in support of criminal charges, they are required to maintain the evidence within a chain of custody. Maintaining a chain of custody ensures that the evidence isn’t altered, tainted or otherwise compromised.
As a result, failure to maintain a chain of custody can provide grounds for a motion to suppress. If there is a break in the chain of custody, this can prevent prosecutors from proving that a piece of evidence is what they purport it to be. For example, in a drug possession case, if police do not maintain an adequate chain of custody for drugs obtained during a seizure, this could render the drugs inadmissible since prosecutors won’t be able to prove that they were seized from the defendant.
3. Failure to Read Your Miranda Rights
The police must read your Miranda rights before interrogating you in custody. If they interrogate you in custody without reading your Miranda rights, then any statements you make during the interrogation may be inadmissible in court. Not only that, but any evidence that the police collect based on the information you provide may be rendered inadmissible as well.
When are you “in custody?” The short answer is, “It depends.” An experienced New Jersey criminal defense attorney will be able to review the facts of your case to determine whether you have grounds to assert a Miranda violation as part of your defense.
4. Failure to Disclose Evidence Before Trial
The police aren’t the only ones who can violate your constitutional rights. Prosecutors can violate your constitutional rights, too.
As a criminal defendant in New Jersey, you have the right to know what evidence prosecutors intend to use against you at trial. Prosecutors cannot use “surprise evidence” to catch you unprepared. If prosecutors withhold any evidence they are obligated to disclose, this can render the withheld evidence inadmissible at trial.
5. Evidence Constitutes Hearsay
Hearsay evidence is generally inadmissible in New Jersey criminal trials. If someone testifies, “My friend told me the defendant did it,” this is a classic example of hearsay. But hearsay can take many other forms as well. An experienced New Jersey criminal defense attorney will know when evidence constitutes hearsay and should be kept out of the jury’s deliberations—and will be able to file an appropriate motion to suppress hearsay evidence on your behalf.
6. Evidence is Unreliable, Irrelevant or Unreasonably Prejudicial
Evidence can also be deemed inadmissible if it is unreliable, irrelevant or unreasonably prejudicial. Specific legal standards apply to each of these three categories of inadmissible evidence, and here too, it takes an experienced New Jersey criminal defense attorney to determine when a motion to suppress is warranted.
7. Asserting Your Fifth Amendment Privilege Against Self-Incrimination
You can also keep evidence out of New Jersey criminal court by asserting your Fifth Amendment privilege against self-incrimination. When you are facing criminal charges, you are not required to say anything that prosecutors can use against you. If prosecutors do not have enough evidence to convict you—or if their evidence is inadmissible in court—then asserting your Fifth Amendment privilege could save you from a conviction.
Speak with a New Jersey Criminal Defense Attorney at Helmer, Conley & Kasselman, P.A.
These are not the only ways to keep evidence out of your criminal case. If you have been arrested in New Jersey, we encourage you to contact us for more information. To speak with a New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A. in confidence, please call 877-435-6371 or request an appointment online today.
