When you are facing criminal charges in New Jersey, it is up to the prosecutor’s office to prove your guilt beyond a reasonable doubt. If prosecutors cannot prove you are guilty, you are entitled to walk free regardless of the facts of your case. While “beyond a reasonable doubt” is a high burden of proof, prosecutors can use a variety of forms of evidence to prove defendants’ guilt in court. As a result, it is important to have an experienced New Jersey criminal lawyer who can help protect you by all means available.
What types of evidence can prosecutors use against you in New Jersey criminal court? Ultimately, the answer to this question depends on the facts of your case. Prosecutors need evidence that is relevant to the charges against you, and different types of evidence can be relevant in different cases.
Direct vs. Circumstantial Evidence
Broadly speaking, the types of evidence used in criminal cases fall into two categories. Evidence is either “direct” or “circumstantial.” As the American Bar Association (ABA) explains:
- Direct Evidence – “Direct evidence usually is that which speaks for itself.” For example, in an assault or attempted murder case, the weapon linked to the crime would be direct evidence.
- Circumstantial Evidence – “Circumstantial evidence usually is that which suggests a fact by implication or inference.” For example, if a witness testifies to seeing the defendant running away from the scene of the crime, this would be circumstantial evidence.
In most cases, prosecutors will use multiple pieces of direct and circumstantial evidence to try to prove criminal charges. As a defendant, you have the right to know what evidence prosecutors intend to use against you in court, and your New Jersey criminal lawyer can obtain this evidence through the discovery process before your trial.
5 Common Types of Evidence in Criminal Cases
Direct and circumstantial evidence can take a variety of forms. For example, here are five common types of evidence that prosecutors use in New Jersey criminal cases:
1. Physical Evidence
Physical evidence can be any tangible item that is indicative of a crime being committed. Guns, knives, drugs, cash, cell phones and computers are all common examples of physical evidence in criminal cases. While a piece of physical evidence, on its own, might not be enough to prove that a crime has been committed, prosecutors will often combine physical evidence with other forms of evidence to try to show the jury what happened and who was involved.
2. Witness Testimony
Witness testimony plays a key role in many criminal cases in New Jersey, and witness testimony can itself take many forms. Common forms of witness testimony include:
- Testimony from eyewitnesses who were present at the scene of the crime
- Testimony from other individuals who know the defendant or the victim
- Testimony from expert witnesses who explain important scientific or technical issues to the jury
What about the defendant’s testimony? In New Jersey criminal cases, the prosecution can only cross-examine a defendant if the defendant testifies voluntarily in his or her own defense. As a result, it is critical to make an informed decision about whether to testify in your criminal case.
3. Forensic Evidence
Forensic evidence can take many forms as well. When investigating an alleged crime, the police may gather various pieces of evidence from the scene and other locations, many of which may be classified as forensic evidence. Some common examples of forensic evidence include:
- DNA
- Fingerprints and footprints
- Blood, hair and other biological material
When seeking to introduce forensic evidence at trial, prosecutors will frequently rely on expert testimony as well. For example, if prosecutors want to introduce DNA evidence in a sexual assault case, they will rely on an expert to explain how the DNA was collected and tested in order to link it to the defendant.
4. Text Messages and Other Digital Evidence
Text messages and other forms of digital evidence are increasingly playing key roles in New Jersey criminal cases. Along with text messages between the defendant and the victim, co-conspirators or other parties, other types of digital evidence that prosecutors may be able to present in court include:
- Search histories
- Social media posts
- Transaction records for online purchases
Police and prosecutors can obtain text messages and other digital evidence through various means—both from the defendant’s devices and from other sources. If prosecutors intend to use digital evidence in your case, you need to know this so that you can build your defense accordingly.
5. The Defendant’s Statements or Confession
Prosecutors can also use defendants’ own statements or confessions against them. A statement does not have to amount to a full confession in order to be admissible in court. However, for a defendant’s statements to be admissible as evidence, they must have been obtained legally. For example, if the police questioned you in custody without reading your Miranda rights, this could provide your New Jersey criminal lawyer with grounds to file a motion to have your statements suppressed from your trial.
Again, these are just examples. From dash camera or surveillance camera footage to various types of documents, evidence in New Jersey criminal cases can take many other forms as well. If you are facing criminal charges in New Jersey, it is essential that you know the specific types of evidence prosecutors intend to use against you in your case. Once you know what you’re up against, then you can make informed decisions about how best to approach your defense.
Discuss Your Case with a New Jersey Criminal Lawyer in Confidence
Are you facing criminal charges in New Jersey? If so, we strongly encourage you to contact us for more information. We represent defendants in all types of criminal cases statewide. To discuss your case with an experienced New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A., in confidence, call us at 877-435-6371 or tell us how we can reach you online today.
