As you can see, circumstantial evidence is where a good criminal defense attorney will often look to build an effective defense strategy. A defense lawyer may try to cast doubt on the circumstantial evidence – if the premise can’t be proven, then the inference implying guilt cannot either. Alternatively, a criminal defender might argue that the circumstantial evidence leads to two or more reasonable conclusions, including one where the defendant is innocent.
Just because there is direct or circumstantial evidence against a defendant does not mean that he or she is guilty. The government must follow strict rules and procedures for finding and securing evidence in order to protect a defendant’s constitutional rights. If a defendant’s constitutional rights with regards to evidence have been violated in any way, a defense lawyer can file a motion to suppress evidence with the court to get the evidence thrown out.
Some reasons a court may suppress evidence include:
Unlawful Search and Seizure. The Fourth Amendment protects against unlawful search and seizure. Police must have a valid search warrant or probable cause that a crime has been committed in order to search for and gather evidence.
Failure to Read Miranda Rights. The law requires that officers read a suspect’s “Miranda Rights” prior to questioning. Any statements given when the suspect did not know he or she had the right to remain silent, that anything they say could be used against them in court, or that they have the right to an attorney, would then be thrown out of court as not admissible.
Chain of Custody. Evidence must follow a properly cared for and documented chain of custody from its seizure by police to its presentation by the Prosecutor in court. If the chain of custody is broken at any moment, the evidence may be deemed inadmissible.
Because the seizure, analysis, and presentation of evidence requires in depth knowledge of constitutional law, reasoning, and government procedure, it makes sense to hire a criminal defense attorney with trial experience. As shown above, direct or circumstantial evidence does not necessarily mean an automatic “guilty” verdict – when your future is on the line, it’s best to go with a strong defense strategy to protect your rights and get the best possible outcome for your criminal case.
Dan Bottari is a top-rated criminal defense lawyer in South Florida, serving Delray Beach, West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, and Fort Lauderdale. The criminal defense law firm of Bottari & Doyle has helped hundreds of people navigate the complex criminal justice system in Florida with personalized and effective representation.
It’s good to find content that tackles the difference between these two pieces of evidence when it comes to criminal cases. Some people get confused when we say circumstantial and direct evidence. Very knowledgeable Dan! Keep it up…
