How a Skilled Las Vegas Defense Attorney Can Utilize the Rules of Evidence to Enhance Your Case or Weaken the Government’s Prosecution against You
One of the major benefits of retaining an experienced and skilled Las Vegas criminal attorney is the proactive steps they can take to exclude, or admit, evidence that can have a significant impact on your criminal case. Here are some examples:
Excluding Improperly-Obtained Evidence
There is a series of strict rules and guidelines law enforcement must adhere to when gathering evidence. If they do not adhere to these rules and guidelines, courts may exclude (technically referred to as “suppress”) this evidence from being introduced in your criminal trial. It is extremely important for your defense lawyer to thoroughly analyze the evidence the prosecution has against you to see if some, or all, of that evidence could be suppressed. If a key piece of evidence for the prosecution’s case is suppressed it could lead to your criminal charges being dropped.
Overview of a Motion to Suppress
In Nevada, a motion to suppress evidence is a pleading filed by the defense attorney with the court containing the following elements:
- A formal request to the judge to suppress certain evidence from being introduced into trial;
- Arguments intended to persuade the judge that it is legally necessary to suppress the evidence; and
- References and citations to relevant case law and statutory authority that supports the argument to suppress the evidence.
Another option available to you and your Las Vegas defense lawyer is to consider filing a Motion In Limine. This is another type of pleading that allows an attorney to make an argument, usually prior to trial, to have certain evidence excluded or admitted for trial. You may be thinking, “is there really an instance where I want additional evidence introduced at my trial?” The answer is yes, depending on the circumstances of your case.
A prime example of when it makes sense for a defense attorney to file a Motion In Limine to have evidence admitted for trial is the Casey Anthony case. The defense attorney in that case filed a Motion In Limine to Introduce Prior Bad Acts and Other Circumstantial Evidence related to a key witness for the prosecution. This may be necessary, especially if your defense attorney has evidence of other “crimes, wrongs, and acts to prove a material fact in issue” that may weaken the credibility of a witness.
Whether or not filing these pleadings in your case is appropriate depends primarily on the unique facts and circumstances of your case.
Are You In Need of a Skilled Las Vegas Defense Attorney? Contact LV Criminal Defense Today
As you can see, the guidance and counsel of an experienced and knowledgeable Las Vegas defense lawyer can be invaluable. That is why you should take action today by contacting Nicholas Wooldridge, Esq and LV Criminal Defense. They stand ready to advocate for you.