When you go to trial, both the prosecution and defense will be able to submit evidence that either proves you are guilty or not guilty. This evidence will be closely examined by the jury or the judge to determine its value in the case.

As part of your trial, your criminal defense lawyer will present a number of different types of physical evidence. Physical evidence can include a number of items, including pictures, photographs, objects, and other items. They can include police and medical records, and even school records. Any kind of physical item that is essential to proving one side of the case can be admitted into physical evidence.

Documentary evidence can also be entered in a court during the trial. These documents can include any agreements, legal contracts, invoices or bills. If your New York criminal defense attorney is introducing a public document in court, then it must be a certified copy which means that it must be accompanied by proof from the public agency of the veracity of the records.

All of these items can be submitted into court as evidence. When they’re submitted to court, these pieces of evidence are called exhibits.

Sometimes, your criminal defense attorney may be in a position in which he is unable to recover certain pieces of the evidence, because of the refusal of the person who has that evidence in his possession to release it. In such cases, the attorney can get a subpoena that can force the person to release the evidence, or bring it to the courthouse. Subpoenas are very often used when lawyers want to access documents, legal agreements, papers, or other types of evidence that must be presented to the court as evidence. Speak to your lawyer about the types of evidence that he will present in court in your defense.

If you have been arrested for a criminal offense, schedule an appointment with a New York criminal defense attorney immediately. Your attorney will be able to anticipate the charges that prosecutors are likely to file against you. Besides, if you are arrested, it is also important to post bail to secure your release immediately, and your attorney will be able to help your family members in these matters.

How is Evidence Collected?

Discovery is an important element before the trial. In preparation for the trial, both the prosecution as well as the defense will begin collecting information through a process called discovery. This is a formal process in which the criminal defense attorney for the defendant and the prosecution will collect information about the evidence that they are going to present at the trial.

That means that your New York criminal defense attorney will have access to all of the evidence and witnesses the prosecution is likely to present at the trial. Discovery reduces the likelihood that there will be nasty surprises in court, when the prosecution introduces witnesses or evidence that you have had no access to.

One of the most common ways of conducting discovery is depositions. These are statements that are given by any person involved in the case. The statements are given under oath, and can be used at the trial or during the pre-trial preparation. For example, if there are witnesses in your trial, your attorney will take the deposition, and he may use the deposition given by the witness to compare with the testimony given during court. In a typical deposition, a cross-examination by the other side will follow. Besides, there may be written questions called interrogatories that will be submitted to the other party, and these must be answered in writing. Even these answers must be delivered under oath.

All of these processes help to identify and access information that the prosecution has, including witnesses that it will present at your trial.

Remember, this process also helps your New York criminal defense attorney understand how strong or weak your case is. If the evidence or the witnesses that the prosecution intends to present at the trial are very strong, then your attorney must take that into consideration when deciding whether to negotiate a deal with the prosecutors.

Who Can Be A Witness?

It is not just documentary evidence or physical evidence that your New York criminal defense attorney will present in court. He will also present evidence in the form of people. These people are called witnesses.

There are certain types of people who can give evidence in a trial. These include people who are involved in the case, as well as people who know any critical or important information that is connected to the case. In addition, people who maintain records that are associated with the case can provide testimony in court. Besides these, your defense lawyer may also call upon persons who are regarded as experts on certain critical issues that are important to your case, to appear in court.

Defense attorneys may present their witnesses, and these may be cross examined by the prosecution. Similarly, prosecution may also present witnesses against you. Remember, if a witness who has critically important information about your case refuses to come to court and give testimony, he can be forced to do so. This can be done using a subpoena. When a subpoena is served on a person, he must appear in court and provide testimony. There are limits on subpoenas, however. Discuss these with your New York criminal defense lawyer.

Testimony by witnesses constitutes an important and critical element of your defense. Your attorney will investigate all witnesses, interview them in advance, and determine whether the witness will be an effective part of your defense. If you have been arrested for an offense, speak immediately with a New York criminal defense attorney. It is important to get started working on your defense even before charges are filed against you. Remember, your New York criminal defense lawyer will be able to anticipate the charges that prosecutors are likely to stick in your case, and will begin working to get those charges reduced or dismissed.

By: Kimberly Pelesz

Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters’ Place in White Plains and the Westchester County District Attorney’s Humane Education Taskforce.

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