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Criminal Defense Attorneys Raleigh, NC

Manning Law Firm, PLLC will stand by you when you need it the most. With more than 40 years of experience defending criminals in Raleigh and surrounding areas, you’re not just getting an expert defense, but also the dedication you deserve. Our clients and peers agree that we are one of the best criminal defense firms in North Carolina, and we have the results to back it up.

Whether you’re facing a first-time misdemeanor or a multiple-offense felony, we are committed to achieving the best possible result for you. Led by father and son team, Thomas and Taylor Manning, Manning Law Firm, PLLC has represented clients facing criminal charges in the following areas:

Criminal Charges

• Drug Crimes DC
• Larceny & Theft L&T
• Breaking & Entering B&E
• Domestic Violence DV
• Assault Charges AC
• Child Abuse CA
• Sex Offender Registry SOR
• Financial Crimes FC
• Federal Crimes FC
• Kidnapping Charges KC
• Murder Charges MC
• Expungement Requests EC

When it comes to receiving the knowledge and experience you need in the courtroom, you don’t want to cut corners. Manning Law Firm can offer you both the experience and the passion you need when it comes to facing your case.

Don’t wait any longer to get started. If you’re ready to receive the dedicated defense you need call on the experienced professionals at Manning Law Firm today.

Criminal Evidence & Legal Issues

The role of evidence in criminal law is fundamental to achieving justice. Whether prosecuting or defending, the gathering, presentation, and interpretation of evidence determine the outcome of a case. Evidence can either substantiate guilt or prove innocence, and its proper handling is essential for upholding the rule of law. Let’s explore various aspects of criminal evidence, including the legal and illegal methods of gathering evidence, the standard of proof required for different types of trials, exculpatory evidence, and who is responsible for collecting and presenting evidence.

Legal Gathering of Evidence

In the criminal justice system, the legal gathering of evidence is paramount. Law enforcement officers, prosecutors, and defense attorneys must adhere to strict rules to ensure the protection of constitutional rights and the integrity of the legal process. These rules ensure that evidence is legally admissible in court.

• Search and Seizure: The Fourth Amendment

One of the most common methods of gathering evidence is through search and seizure. The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures, ensuring that evidence is obtained legally. Generally, law enforcement must obtain a warrant issued by a judge based on probable cause before conducting a search. The warrant must describe the place to be searched and the items to be seized with specificity.

Exceptions to the warrant requirement include:

1. Consent searches: If an individual voluntarily consents to a search, no warrant is needed.
2. Plain view doctrine: Evidence that is in plain sight can be seized without a warrant.
3. Exigent circumstances: In emergencies where evidence might be destroyed or someone is in danger, police can search without a warrant.
4. Search incident to arrest: Law enforcement may search a person and their immediate surroundings after a lawful arrest.
   
   

• Interrogations and Confessions: The Fifth and Sixth Amendments

Evidence can also be gathered through interrogations and confessions. The Fifth Amendment protects against self-incrimination, which means that an individual cannot be forced to provide evidence against themselves. Under the Miranda ruling, law enforcement must inform suspects of their rights before interrogation, including the right to remain silent and the right to an attorney.

The Sixth Amendment guarantees the right to legal representation. This means that if a suspect requests a lawyer during an interrogation, law enforcement must stop questioning until the lawyer is present.

Illegal Gathering of Evidence

Evidence obtained illegally can significantly impact a criminal trial, often leading to the exclusion of that evidence under the exclusionary rule. This doctrine, derived from the Fourth Amendment, prevents illegally obtained evidence from being used in court.

• Fruit of the Poisonous Tree Doctrine

This doctrine expands on the exclusionary rule by stating that not only the original illegally obtained evidence is inadmissible, but also any other evidence derived from it. For example, if police conduct an illegal search without a warrant and find a key piece of evidence, anything further discovered as a result of that search is tainted and inadmissible in court.

• Coerced Confessions

Confessions obtained through coercion, threats, or physical violence are considered inadmissible under the Fifth Amendment. Even psychological coercion, such as excessively lengthy interrogations without breaks, can render a confession invalid.

The Standard of Proof in Criminal and Civil Trials

Different types of trials require varying levels of evidence to achieve a legal verdict.

• Criminal Trials: Beyond a Reasonable Doubt

In criminal cases, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system, requiring the jury to be almost certain of the defendant’s guilt before delivering a guilty verdict. The rationale is that the consequences of a wrongful conviction—such as loss of liberty or even life—are severe, so the standard for conviction must be high.

• Civil Trials: Preponderance of the Evidence

In contrast, civil cases involve disputes between individuals or organizations, often regarding money, property, or other legal rights. The standard of proof in civil cases is a preponderance of the evidence, which means the plaintiff must prove that it is more likely than not that their claim is valid. This is a lower standard than beyond a reasonable doubt because the stakes in civil trials are generally financial rather than punitive.

• Clear and Convincing Evidence

In some civil cases, a higher standard known as clear and convincing evidence is required. This is used in cases like fraud or termination of parental rights. It requires that the evidence presented by a party must be highly and substantially more probable to be true than not.

Exculpatory Evidence and Brady Violations

Exculpatory evidence is any evidence that might exonerate a defendant or at least cast doubt on their guilt. The prosecution is not just legally bound, but ethically obligated to disclose all exculpatory evidence to the defense, as established in the landmark Supreme Court case Brady v. Maryland (1963). A failure to disclose such evidence is not just a Brady violation, but a breach of trust that can lead to overturned convictions or retrials.

• Procedures for Handling Exculpatory Evidence

Prosecutors must thoroughly review all evidence gathered during the investigation and identify any pieces of exculpatory evidence. This includes any evidence that might show:

1. The defendant did not commit the crime.
2. Someone else may have committed the crime.
3. The credibility of a prosecution witness is questionable.

If the prosecution intentionally withholds exculpatory evidence, it can be grounds for severe consequences, including dismissal of the charges, overturning of a conviction, or even sanctions against the prosecutor.

• Importance in the Appeals Process

Brady violations are often uncovered during the appeals process, and courts may order new trials or even acquit the defendant if the withheld evidence is deemed significant enough to have changed the outcome of the original trial.

Sources of Evidence

Evidence in criminal cases can come from various sources, including:

• Physical Evidence

Physical evidence includes tangible objects such as weapons, drugs, fingerprints, or DNA. This type of evidence is often crucial in linking a suspect to a crime scene or victim.

• Testimonial Evidence

Testimonial evidence is provided by witnesses under oath during a trial. This can include eyewitness testimony, expert witness opinions, or statements from the defendant. The credibility of witnesses is often scrutinized through cross-examination.

• Documentary Evidence

Documentary evidence includes any written or recorded information relevant to the case, such as contracts, emails, phone records, and surveillance footage. Chain of custody and authenticity are critical factors in determining the admissibility of documentary evidence.

• Digital Evidence

As technology has evolved, digital evidence has become increasingly important in criminal cases. This includes information from computers, smartphones, social media, and even wearable devices. Law enforcement must obtain warrants to access digital evidence, and it must be handled carefully to ensure its integrity.

Who Can Gather Evidence?

The responsibility for gathering evidence typically falls on law enforcement officers and legal teams, though civilians may also play a role in some cases.

• Law Enforcement

Police officers are usually the first to gather evidence at a crime scene. They are trained to secure the scene, collect physical evidence, and interview witnesses. Their actions are subject to legal guidelines to ensure that the evidence they collect is admissible in court.

• Prosecutors

Once law enforcement has gathered evidence, prosecutors review it to build a case against the defendant. They may also direct law enforcement to gather additional evidence or call expert witnesses to provide testimony.

• Defense Attorneys

The defense team is responsible for investigating the prosecution’s evidence and gathering evidence that may exonerate their client. They may hire private investigators or forensic experts to uncover additional facts or challenge the validity of the prosecution’s evidence.

• Private Investigators and Forensic Experts

Private investigators or forensic experts may be hired by either the defense or prosecution to gather and analyze evidence. They can play a key role in uncovering hidden evidence, identifying errors in the initial investigation, or offering specialized knowledge in areas like ballistics or toxicology.

Evidence is the cornerstone of criminal trials, guiding both prosecutors and defense attorneys in building their cases. The proper gathering and presentation of evidence are essential to ensuring a fair and just legal process. Understanding the legal framework surrounding evidence—from how it is gathered to its admissibility in court—is crucial for anyone involved in the criminal justice system. Whether in a civil or criminal context, the rules governing evidence ensure that justice is served while protecting individual rights.

In an era where technology plays an increasing role in evidence collection, understanding the intricacies of digital evidence, exculpatory evidence, and the legal limits of law enforcement is more important than ever. By adhering to these legal standards, the justice system upholds the rule of law and the rights of individuals.

*Disclaimer: This article does not constitute legal advice. Facts specific to your case may change the way the law affects the case outcome.