During criminal proceedings, prosecutors must prove beyond a reasonable doubt that a crime occurred and the defendant committed it. Prosecutors largely rely on the evidence collected by law enforcement professionals. They may use forensic evidence gathered at crime scenes, identifications made by witnesses or even statements made by the defendant during police questioning.
In some cases, the defendant can reasonably assert that police officers violated their civil rights. Perhaps they ignored a request for a lawyer or a verbal invocation of the right to remain silent during questioning. Maybe they conducted a search without a warrant or probable cause.
How can those violations of a defendant’s civil rights affect their options during trial?
Police misconduct can affect the usefulness of evidence
State authorities could easily abuse their authority if prosecutors could use any evidence they acquire. Thankfully, the Fourth Amendment and federal court rulings related to civil rights have helped validate that criminal defendants have robust civil rights protections.
Provided that a defense attorney can show that a violation of a person’s civil rights occurred, the misconduct of police officers can have a profound impact on the upcoming trial. Any evidence acquired through illegal searches or other violations of a defendant’s civil rights could be subject to exclusion during a criminal trial.
If the defense attorney can show that police misconduct occurred, the prosecutor may not be able to use a confession or physical evidence obtained through illegal activity or a civil rights violation. The state may need to dismiss the charges or could have a harder time securing a conviction in such situations.
Those facing criminal charges often need to discuss their situation at length with a skilled legal team to assess what criminal defense strategies might be effective given their circumstances. Consulting with a lawyer can help people explore their options and prepare to fight their pending criminal charges.