Confronting Federal Evidence: Building a Solid Defense

Imagine stepping into a federal courtroom flanked by a throng of prosecutors armed with a mountain of evidence, fortified by the might of the U.S. government.

If you live in the Greater Houston area and need help with a criminal case in federal court, I’m here to help you build an effective defense strategy.

I’m Attorney Tad Nelson, and my esteemed colleague is Attorney Amber Spurlock. Together, we’ve helped hundreds of people with federal criminal charges. We’ve been helping people with serious criminal cases in the Greater Houston area for over 30 years. If you need to speak with a defense attorney, don’t hesitate to contact us to schedule an appointment at 281-280-0100.

If you’re facing criminal charges at the federal level, there’s a thing or two you should know about the evidence in these cases. Let’s review the rules of federal evidence to get started.

Rules of Evidence in Federal Settings

The Federal Rules of Evidence are outlined in Title 28, United States Code, Section 2072. This part of the federal code illustrates the type of evidence that’s admissible in a federal trial. These rules establish the procedures for presenting and challenging evidence.

Challenging the Evidence

Challenging evidence is a delicate dance of strategy and law. Here’s a few angles we might take in defense of our clients.

We May Question Collection Methodology

This tactic is about challenging how the evidence was collected. We may take issue with how it was analyzed.

• Was the search warrant valid?
• Was the forensic analysis reliable?

There are a few of a number of questions we may have. The answers to which might be all we need to establish reasonable doubt to allegations of the defendant’s guilt.

The Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), offers a precedent to challenge scientific testimony. As ACS/CHAL Lawyer-Scientists, few attorneys in the region are better qualified to challenge forensic evidence.

Examine the Chain of Custody

Chain of custody examinations means tracking the evidence’s journey from the crime scene to the courtroom. Any gaps could lead to questions about tampering or contamination. If there’s any problems with the veracity of the evidence, it could be ruled inadmissible. If the evidence is thrown out, it could mean the end of the case. You would be free.

Rules of Exclusion

Another notable part of the process of challenging evidence is our ability to leverage the ‘exclusionary rule.’

The Exclusionary Rule is the principle that evidence collected in violation of the defendant’s constitutional rights, as established in Mapp v. Ohio, 367 U.S. 643 (1961), cannot be used in a criminal trial.

A few critical facets of this rule are:

Fruit of the Poisonous Tree

Originating from Nardone v. United States, 308 U.S. 338 (1939), this doctrine extends the exclusionary rule to evidence indirectly obtained through illegal means.

Good Faith Exception:

Not all unlawfully obtained evidence is excluded. If law enforcement officers acted with a genuine belief that they were following the law, the evidence might be allowed as per United States v. Leon, 468 U.S. 897 (1984).

Key Elements of a Strong Defense

Building an effective defense strategy isn’t just about challenging evidence in court. It’s also about constructing a narrative that underscores your innocence.

The Alibi Defense

If you can prove you were elsewhere when the crime happened, it could be a powerful tool. However, alibi defenses need strong, verifiable evidence to back them up. Bottom line; if you weren’t there – you couldn’t have committed the crime.

Affirmative Defenses

In some cases, admitting to the act but arguing extenuating circumstances might work. Defenses like self-defense, duress, or insanity can be considered affirmative defenses.

Challenging Witness Credibility

Cross-examining prosecution witnesses is a very important part of the defense process. If your legal team identifies inconsistencies in their testimonies, it can mean a significant turn of events in your favor. As experienced federal criminal defense lawyers, we know how to finesse shaky witnesses until they shatter.