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Ways Your Defense Attorney Can Address the State’s Evidence


When arrested and charged with a crime, the most crucial thing to do is to retain a skilled criminal defense attorney. Whether charged with a misdemeanor or felony, it is not a good idea to represent yourself even though you have the right to do so. Representing yourself is risky because you lack legal expertise, knowledge of procedural rules, and courtroom experience. A criminal defense attorney’s knowledge, experience, and expertise can prove invaluable. One of the most crucial responsibilities of a criminal defense attorney is to address the state’s evidence. Not addressing the state’s evidence can significantly influence the outcome of a criminal case.

Criminal defense attorneys employ several strategies to address the state’s evidence. Below is a look at some of the ways your criminal defense attorney can address the state’s evidence;

Thorough Examination of Evidence

The first step in addressing the state’s evidence is thoroughly examining the evidence. Your defense attorney will scrutinize every piece of evidence the prosecution intends to use to prove its case against you, including any physical evidence, forensic reports, and witness statements. Thoroughly examining the state’s evidence can allow your attorney to identify weaknesses, inconsistencies, and potential areas for challenge.

Excluding Evidence From Trial

Before the state presents its evidence in court, your criminal defense attorney can file pre-trial motions to challenge the admissibility of the evidence. Excluding the prosecutor’s evidence from trial is the most effective defense strategy. Pre-trial motions seeking to exclude evidence from trial can be filed if your defense attorney identifies evidence that was obtained in violation of your constitutional rights, such as if evidence was obtained through an unreasonable search and seizure. Other legal grounds on which these motions could be based include chain of custody issues, improper handling of evidence, and lack of proper authentication. Maybe the crime scene was unsecured for some days before the police arrived to gather evidence. Or perhaps the police did not fill out the appropriate paperwork regarding the chain of custody for a particular piece of evidence. Such mistakes can compromise the integrity and authenticity of evidence. These mistakes can suggest potential contamination, tampering, or misidentification.

Cross-Examining Witnesses

Cross-examining witnesses during a criminal trial is a vital opportunity for challenging the state’s evidence. Effective cross-examination can expose inconsistencies in witness testimonies, highlight potential biases, and put their credibility into question. Effective cross-examination can cast doubt on the reliability of a particular witness’s testimony and sway the jury’s opinion.

Hiring Expert Witnesses

Hiring expert witnesses can help counter the state’s evidence. An expert witness is an individual with specialized skills, experience, education, and knowledge in a particular field. If the state lawfully obtained and analyzed evidence, expert witnesses can provide alternative interpretations of the evidence. Expert witnesses can raise questions about the methods used to analyze the evidence. They could also offer opinions that support your defense attorney’s theory of your case. Credible expert witnesses can be instrumental in discrediting the state’s evidence.

Contact an NYC Criminal Defense Attorney

If you are facing criminal charges in New York, contact our qualified NYC criminal defense attorney, Mark I. Cohen, to discuss your case. We can help you develop an effective strategy for challenging the prosecutor’s evidence.

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"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.


"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York.


"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

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