Ways Our Norfolk Criminal Defense Lawyers Can Use Common Police Investigation Mistakes to Fight the Charges You Face
If you’ve been charged with a crime in Norfolk or Virginia Beach, you need the help of the attorneys at Tavss Fletcher to defend you. Our experienced Norfolk criminal defense lawyers can identify the mistakes the police may have made in their criminal investigation and use these errors to defend you so that you achieve the best outcome in your criminal case.
If you have been charged with a crime in Norfolk or Virginia Beach, you face potentially harsh consequences if convicted. However, even if you believe you are guilty of the charges against you, it is essential to remember that the police can make critical mistakes during their investigations. These errors can lead to a strong defense strategy in your case.
Common Mistakes Police Officers Make in Norfolk Criminal Investigations
The law enforcement system, like any other, is not infallible. Mistakes happen, and when they do, they can become powerful tools in your defense. Our criminal defense lawyers may be able to file a motion to suppress evidence being used against you that can result in the charges being dismissed or reduced to a less serious offense through a plea bargain. Here are some common mistakes police can make in criminal investigations.
Not Securing the Crime Scene
If the police fail to secure the crime scene, evidence can be contaminated, lost, or improperly removed. In addition, new evidence, such as fingerprints, footprints, or hair samples, could be introduced at the crime scene. Our skilled criminal defense attorneys can challenge the admissibility of evidence obtained from an improperly secured crime scene, potentially leading to the exclusion of crucial elements of the case against you.
Errors in Collecting Evidence
Gathering evidence is a fundamental part of any criminal investigation, but it is not always done correctly. Mistakes in collecting evidence can include mishandling, mislabeling, or even losing it. If the evidence against you was improperly collected, there may be grounds to challenge its admissibility in court.
Chain of Evidence Problems
A clear and unbroken chain of custody is crucial in criminal cases. This means that from the moment evidence is collected, it must be carefully documented and preserved as it changes hands. Any break in the chain of custody can raise doubts about the evidence's integrity, potentially leading to its exclusion in court. If our motion to suppress vital evidence being used against you is granted, the prosecutor could be forced to dismiss the criminal case against you.
Failure to Give Miranda Warnings
One of the most well-known rights in criminal cases is the constitutional right to remain silent and the right to an attorney. The police are required to give you your Miranda warnings to advise you of your rights. If they fail to read you your Miranda rights during a custodial interrogation, any statements, confession, or evidence obtained during that time may be inadmissible in court.