If you have been arrested and charged with a crime, one main focus of an excellent and tenacious criminal defense is to exclude as much evidence as possible from being used at trial. For example, if a person is charged with possession of illegal drugs with an intent to distribute, having the alleged drugs and evidence related thereto excluded is essentially a victory in the case. To prove possession with an intent to distribute, the prosecuting attorneys must prove — among other things — that there were drugs that were possessed. That means the drugs and evidence related to those drugs must be produced at trial for the jury to see and evaluate. Excluding the drugs and the related evidence means the jury will not see or hear about the drug, and the prosecutors have no case.

If you have been arrested and charged with a crime in Calvert County, Maryland, contact the experienced and courtroom-tested Maryland criminal defense attorneys at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We are available around the clock, 24/7, and have offices in Waldorf, Maryland.

How to Get Evidence Excluded

In every situation, the judge assigned to handle a criminal case is the person who can order evidence excluded from use at trial. Generally speaking, there are four methods of asking the judge to exclude evidence. These are:

• Exclusion hearings
• Written requests for exclusion of evidence
• Motions In Limine, which are generally filed, argued and decided shortly before trial
• In-trial objections and other in-trial motions

Note that each method can be used multiple times as long as the method is not repetitive and does not relate to evidence already evaluated by the judge. For example, exclusion hearings tend to focus on “big” legal issues like constitutional violations or violations of police procedures. In theory, two exclusion hearings could be held on those two broad arguments. The first might argue that 4th Amendment Search and Seizure protections were violated. A second hearing might focus on the chain of custody, contamination, or some other procedural reason for excluding evidence.

The other three methods tend to focus more on excluding a more limited amount of evidence. For example, in some cases, expert reports and testimony are used. Where justified, a Motion To Exclude Expert Report And Testimony could be filed. If granted, that could substantially damage the prosecutor’s ability to win a conviction. Note also that, in most circumstances, an objection to specific evidence can be renewed again later in the case. So, if the Motion To Exclude Expert Report and Testimony was denied, that same objection could be raised again as part of the Motions In Limine, which, as noted, are filed shortly before trial. Each time the judge makes a decision to deny a request to exclude evidence or grants such a request, that decision can form the basis for an appeal.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.