What Evidence Will Come In At My Trial?

When the criminal rules of evidence refer to evidence being “relevant and admissible,” it’s discussing two key criteria for determining whether evidence can be presented in court. 

Evidence is considered relevant if it has a tendency to make a fact that is of consequence to the case more or less probable than it would be without the evidence. In simpler terms, relevant evidence is evidence that is logically connected to the issues in the case and helps the trier of fact (usually the judge or jury) understand the truth of the matter. 

For example, in a theft case, evidence of the defendant’s presence at the scene of the crime at the time of the theft would likely be considered relevant. Whether the accused is an Eagle Scout would not be considered relevant. However, it could be relevant if the theft took place at a location where the Scout’s meet. If you are trying to admit Eagle Scout “status” to show the accused is a great person, it would not be deemed relevant and admissible.

Even if evidence is relevant, it must also meet certain criteria to be admissible in court. Admissibility concerns whether the evidence meets legal standards for reliability and fairness. 

There are various rules governing admissibility, such as rules regarding hearsay, character evidence, privileged communications, and the manner in which evidence was obtained (for example, through a lawful search or seizure). 

Evidence that is deemed inadmissible is generally excluded from consideration by the trier of fact. In a jury trial, the jury is the trier of fact. In a bench trial, the judge is the trier of fact (the judge will also make rulings on issues of law).

https://wittlegal.com/blog/criminal-rules-of-procedure-vs-rules-of-evidence/

So, when the criminal rules of evidence discuss evidence being “relevant and admissible,” they’re essentially emphasizing that evidence must not only be logically connected to the issues in the case (relevant) but must also meet legal standards for fairness and reliability (admissible) in order to be presented in court and considered by the judge or jury.

If you have been charged with a crime and wondering how you might defend yourself, many people start to search “defenses to X” as a way to develop a strategy. The problem with this plan is that, again, the majority of “defenses” or theories presented to us by potential clients are simply not relevant or they are not admissible.

Unfortunately, there are some attorneys who will take your money and tell you that your ideas about defenses are legitimate even when they know they are inadmissible at trial. This is unfortunate and it requires those in need of defense to do their due diligence.

First, call criminal defense attorneys in the area where you were criminally charged. If you were charged in Texas, the opinions of a Washington state lawyer will do you no good.

Similarly, you need the opinions of a local attorney. Do not call an attorney in Seattle if you need to know the options for resolutions in Kitsap or Thurston Counties (for starters, Kitsap has PDAs where Seattle and Thurston have SOCs as well as very different therapeutic court options). The culture in the prosecutor’s offices are also very different so it is important that the attorney has experience with the individual deputy prosecutors.

Second, do not just listen for the answers you want to hear. Potential clients are understandably scared so they latch on to any answer that confirms they can get their case dismissed or avoid jail. While that might be an option, you need to truly listen for honest answers that come from decades of experience. If you are facing potential conviction and jail time, the lawyer you hire needs to be very clear about your legitimate defenses and all possible risks in the event your case proceeds to trial.

Nearly 95% of criminal cases do not go to trial. This is why exceptional negotiation skills are so critical in criminal defense. During negotiation, the best defense lawyer will present every weakness in the state’s case and all strengths in the defense’s case (the skills and mastery of this talent tends to come from years of trial experience as former prosecutors).

The best and most experienced attorney will know when and how to present this information — including when to call (i.e. knowing each prosecutor’s trial schedule and other challenges), the quirks of each DPA, and when to push to a supervisor (and when not to).

So, while reviewing every possible defense is always something criminal defense attorneys do, masterful negotiation skills tend to get better outcomes.

Finally, if an expert lawyer takes a case to trial, it should be because there are legitimate issues of fact or defenses and it is best for the client. The client always makes the final decision whether to go to trial but an expert defense attorney should be honest when it is a futile exercise and conviction is highly likely.

If you are facing a DUI or other criminal charge in western Washington, our attorneys are here 7 days a week to help. Don’t delay in getting proper counsel. (360) 792-1000