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Pinpointing Weaknesses in the Prosecution's Case

Posted Monday, January 8, 2018 by Lizanne Padula.

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Part of a solid criminal defense strategy is pinpointing weaknesses in the prosecution’s case. An experienced criminal defense attorney will evaluate the evidence against you and how it was obtained to find ways to mitigate the damaging effects of the evidence. Further, an experienced criminal defense attorney will carefully review the prosecution’s case against the specific elements of the crime(s) charged. The prosecution has the duty to prove beyond a reasonable doubt all elements of the crime charged. If he or she cannot prove each element, then you cannot be convicted of that crime.

Suppressing Evidence at Trial

Prior to trial there will be evidentiary hearings where your criminal defense attorney can argue why a certain piece of evidence should be suppressed at trial. This means that the prosecutor will not be able to use that evidence and the jury will never see it. There are a number of legal arguments that can be made to suppress evidence, including:

• Evidence was gathered in violation of your constitutional rights.

• The evidence is tainted because the proper chain of custody was not followed.

• Evidence is irrelevant.

• Evidence is unduly prejudicial.

Knowing how to suppress evidence in a legal proceeding is a critical component to any criminal defense. If your attorney can get a key piece of evidence suppressed the case against you may fall apart and be dismissed. Or, the prosecutor will be far more likely to enter into plea negotiations offering favorable terms since they are less likely to win at trial without their key piece of evidence.

Inability to Prove Each Element of the Case

Each criminal statute in the Revised Code of Washington lists the elements that constitute each crime. Each element is important because to get a conviction, the prosecutor must prove each and every element of every crime charged. This can prove challenging to the prosecutor, especially if certain evidence is suppressed or the element of the crime speaks to a person’s intent.

For example, the crime of fraud requires the “intent” to defraud. A person’s intent can be proved a number of ways by using evidence or verbal testimony, but it still necessitates proving what happened in someone’s mind. A state of mind or thoughts are difficult to prove. As part of a defense to fraud charges a defendant may be able to demonstrate that they had no knowledge of the misrepresentation being made, and therefore could not have had the “intent” to defraud.

An experienced criminal defense attorney can pinpoint weaknesses in the Prosecution’s Case and use the weaknesses to mount an effective defense against criminal charges. Additionally, she can help you understand the nature of the charges against you and utilize all available defenses in your case. Every case is unique. The facts of your case may give rise to a number of strong defenses. When your freedom is on the line, you need a fierce advocate.

At Padula & Associates, LLC we are experienced in all aspects of criminal defense, and they will help you face your charges with confidence. For over 20 years, Padula & Associates, LLC has been serving the people of King County, Snohomish County, and throughout Washington State with aggressive criminal defense services.

We answer the phone 24-hours a day, seven days a week. We offer free consultations. Call us 24/7 at 425-883-3366, email us at, or fill out our online free consultation form today.