Ways To Get Your Criminal Case Thrown Out In California (Part 2)[playht_listen_button]The prosecutor must prove beyond a reasonable doubt that you committed the crime(s) that you have been charged with. When it can be proven that the police violated your rights – which is possible through the help of a skilled criminal defense attorney – then it can be difficult, if not impossible, for the prosecutor to prove the case against you. Here are some common ways that you can get your criminal case thrown out – part two.
Can My Case Get Tossed If The Police Did Not Read Me My Rights?
You have likely heard Miranda warnings (also known as Miranda rights) before:
“You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford an attorney, then one will be provided for you. You have the right to have your attorney present during questioning.“
These warnings must be read to you if you are in police custody and being interrogated. It is important that you understand what police custody and interrogation mean to fully grasp these rights. First of all, you are considered to be in police custody when you are under arrest or otherwise not free to leave. The police pulling you over for speeding may not count as being in police custody. If you are placed in the back of a police car with handcuffs on your wrists, though, then that may be considered being in police custody.
An interrogation can be any form of questioning by law enforcement that is meant to produce answers about a crime. You do not have to be in a dimly lit room in order to be interrogated. An interrogation can take place on the side of the road or in the back of a cop car. An interrogation also does not have to be a direct question. It can include any statement that is meant to get a response out of you.
If the police do not first make you aware of your Miranda warnings before they begin a custodial interrogation, then anything that you say cannot be used against you in court. What this means is that even if you confess before you are read your rights, the prosecutor may not be able to use it to convict you of that crime.
What If The Evidence Against Me Was Mishandled?
For crimes that involve some form of physical evidence (e.g. drugs, guns, sexual assault), the law requires that the evidence be handled properly in order for it to be used at trial. What this means is that if your DNA sample was unaccounted for—whether for ten minutes or ten days—or the drugs that were found on you were not properly stored, then you may be able to have that evidence thrown out. In order for the prosecutor to prove the case against you, they must be able to show that the evidence is reliable. Your lawyer may be able to show that mislabeled or contaminated evidence is unreliable and should be thrown out.
The criminal defense lawyers at My Rights Law are well-versed at defending clients against criminal charges in California. We know the ways that the police overreach, and we will do everything in our power to protect your rights and fight your charges. To learn more about how My Rights Law can help you in your criminal case, call (888) 702-8882 or contact us online today.