4 Different Types of Evidence a Criminal Defense Lawyer Will Use

If you should require the services of criminal lawyers, then it can be useful to know just what kinds of evidence they will deal with to defend you in your case. It is vital that this evidence is gathered promptly while the evidence still exists and that it is evidence that is useable in a court of law. The four different types of evidence that will be recognized in court will include real, documentary, demonstrative, and testimonial.

During this article, we shall consider all four and how each type might be used in a case where innocence is to be proven or guilt mitigated, to maintain a reputation or continue a career.

Real Evidence

Real evidence will be an object that was present or is to be used in a case when it is presented in court. Examples of real evidence include clothing that is bloodied, a weapon such as a knife or gun, a vehicle that has become mangled, or perhaps money that has been marked by an anti-theft substance. 

Clothing that is bloodied might, for instance, exist in an assault case where actual bodily harm was caused. The evidence of the victim’s blood is not enough, by itself, to prove guilt because it only proves that harm was caused to the victim. There would also need to be evidence of the accused’s blood or DNA on that clothing to prove that they were involved in the fight. Understanding evidence such as this as well as specific laws that may connect to it like Arizona domestic violence laws or other violence-related laws in any state allows a defense lawyer or prosecutor argue the case. 

A weapon such as a knife or gun presented that was used in self-defense would involve a lawyer arguing whether the victim was running away or coming towards the accused when using it, as well as whether that weapon was kept previously for another purpose other than the intent to cause harm.

A mangled vehicle is proof of how fast an accused might have been driving where there is a case of dangerous driving. It is evident that the accident happened. Paint from the car of the accused would be evidence that they were involved in the collision. It is then for the defense lawyer to prove that the road accident was unpreventable due to adverse weather conditions or because the vehicle hit was in the wrong in their road position or because certain decisions were made. 

Money that has a security mark, ultraviolent for invisibility, will alert financial and other institutions of stolen bills. However, they may have been picked up inadvertently, so this could be argued by a defense lawyer, depending on the quantity that is in someone’s possession.

Documentary

Documentary evidence will most often be considered real evidence. This type of evidence can be defined as any type of evidence that will help to document an issue that is being discussed during a trial. Perhaps a breach of contract, where the documentary evidence involved will consist of the actual contract signed.

If a lawyer can prove that a contract has been signed under duress then this will invalidate it. So, all is not lost when a signed document is produced in evidence. In the case of criminal defense cases, this kind of evidence will be presented in fraud cases, which can carry a long sentence should the result not favor the accused. It is a situation where a good defense lawyer is required who knows the financial sector inside out.

Demonstrative

Demonstrative evidence differs from real evidence in that it is the representation of an object rather than an actual object. Examples include diagrams or maps of a crime scene or graphs and charts that will illustrate financial or physical injury to a plaintiff. 

Testimonial

A court will view testimonial evidence as the simplest kind of evidence. This is because it does not need another piece of evidence to support or legitimize it. It will usually take the form of a statement that is made by a witness during a trial.

It is for the defense lawyer to prove that the witness is lying or is not a reliable source. Cross-examination is a skill learned by lawyers that will find out if their witnesses are deceitful or unreliable and whether what they are saying is intended to be inaccurate or not.

For information to answer all kinds of legal questions, there are online places you can visit. To succeed in a criminal trial, however, you will need a lawyer to help with your defense. They have the knowledge and skills to make a difference when a lot is at stake.

In conclusion, all these types of evidence can be brought into play during a court case. By having a good criminal defense lawyer, an accused has more chance of success against them. This can then mean the difference between imprisonment and freedom. 

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