While facing domestic violence charges can be a formidable situation, know that an experienced Spotsylvania criminal defense lawyer can potentially use methods for dismissal of evidence in a Spotsylvania domestic violence case in certain situations. Read on to learn more about these methods for dismissal of evidence in a Spotsylvania domestic violence case, as well as how a skilled Spotsylvania domestic violence lawyer can make a difference in your situation.
Skilled Spotsylvania defense attorneys in domestic violence cases often try to collect evidence. However, lawyers also have the ability to potentially have evidence in a Spotsylvania domestic violence case excluded or can object to evidence presented before the jury. This does not mean that the evidence is literally dismissed–rather, it is rendered un-useable by the prosecution for a certain reason particular to each case. Those are the two main approaches to take in the state of Virginia.
Excluding the evidence is usually done before the actual trial begins, most often with a motion in limine (at the beginning), a type of motion that an attorney will file to be heard before the trial starts. This could be a motion to exclude certain testimony from individuals who may be trying to testify about something they did not actually observe. There may also be individuals trying to give opinions that are considered improper opinions under the laws of evidence in Virginia. Other examples include witnesses whose testimony should not be allowed into a trial situation in general because it has no relevance to the case and is otherwise prejudicial to a jury or a judge.
Sometimes a situation calls for motions to suppress, or a pretrial motion that would include objections to specific things. For example, a motion to suppress the stop means objecting to any evidence coming in after the stop of an individual or the initial contact with the officer. This means that the officer came to the scene improperly and began talking to the individuals involved in the incident. That might occur if somebody else calls the cops in a domestic violence case, they give a tip to the cops, and as a result, the cops stop an individual or go to an individual’s house to talk to them and put them under arrest right away based on this tip.
The exclusion of a particular witness testimony will depends on what type of testimony the witness is attempting to give. If the witness’ testimony is allowable under the rules of evidence, an attorney cannot attempt to exclude it. This means the testimony must be relevant, it is not hearsay, and it does not have exclusion under the rules of evidence in the State of Virginia. One cannot testify on behalf of what somebody else said, and they also cannot speculate about the intentions of another party.
Hearsay is when somebody testifies about a statement that is being offered for the truth of the matter when the individual making the statement is not in court. For example, if somebody observes a domestic violence-related incident, calls the police, and tells the police that they overheard a relevant conversation, then hearsay would occur at court if the police testified saying they can intervene because they now have this information.
That cannot happen. Like a game of telephone, it cannot be trusted. It is not inherently truthful, because attorneys are not going to be able to cross-examine the individual who actually observed the event. In those types of situations, a lawyer can object to that information when it comes forward because the content of that testimony is not allowed by the Virginia rules of evidence.
If you are facing charges for domestic violence, contact a credible Spotsylvania domestic violence attorney today in order to learn more about strategies for dismissal of evidence in a Spotsylvania domestic violence case that could help make a difference for you.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.