Minnesota criminal charges will turn your world upside down in a hurry. What you say, what other individuals say, and what the evidence shows are all worth different things.
“Let us say an eyewitness saw you near the scene of a burglary around the time it took place, and your fingerprints were found on something there. No one saw you commit the offense, but those two pieces of information together could be suspicious,” says Omeed Berenjian, a seasoned criminal defense attorney from BK Law Group.
Not all evidence is equal, though. Some are dismissed before a trial ever occurs, and others land a greater blow based on how they are gathered or who is presenting them.
If you are dealing with a criminal defense case, the following are the main types of evidence you will encounter.
Table of Contents
Direct Evidence
Direct evidence points directly to a fact without the need for inference. In criminal cases, this often includes recorded confessions or surveillance videos capturing the act as it is being committed.
For instance, an officer who testifies they saw the defendant rob someone is direct evidence. A video that clearly shows an individual breaking into a store also qualifies.
Minnesota courts place considerable importance on reliable evidence of this nature. Yet, even apparently clear-cut video or testimony may be challenged on accuracy, context, or how the police obtained it.
Circumstantial Evidence
The second essential form of evidence in Minnesota criminal cases is circumstantial evidence. It does not directly prove the act but deduces it from a chain of facts.
Defense attorneys often attack circumstantial evidence by pointing out gaps or offering alternative explanations. One piece may not say much, but prosecutors link a series of them to build a case.
Real Evidence
Real evidence refers to physical objects that are connected to the alleged offense. They may be weapons, clothing, stolen goods, or any physical object prosecutors present as part of their case.
Each item must be authenticated, i.e., someone has to prove that it is what they claim. In Minnesota courts, that can be officer or lab technician testimony that tested or touched the item.
Chain of custody comes in here. If prosecutors cannot show where the item has been at every step, a defense lawyer can argue for exclusion. Even strong physical evidence is compromised if it’s handled improperly.
Testimonial Evidence
Lastly, testimonial evidence comes from what people say under oath in court. That evidence includes witnesses, police officers, professionals, and sometimes the defendant if he or she chooses to testify.
Statements must adhere to Minnesota’s court rules, including reliability and admissibility standards. The opposing side can cross-examine any witness to challenge their credibility or memory of facts.
A frail testimony can disintegrate under pressure. Body language, tone, and inconsistencies all factor in during cross-examination. Attorneys tend to prepare more for testimonial conflicts than for physical evidence because human conduct provides more variables.
Know Admissible Evidence
Not all evidence makes it into court. Minnesota judges determine whether each one passes the tests of admissibility, such as relevance, reliability, and legality.
Illegally obtained evidence, such as a confession brought out without the proper administration of the Miranda warnings or evidence discovered in an unlawful search, can be excluded prior to the commencement of trial. Motions to suppress these items are presented by defense attorneys early in the case.
Rules prohibiting hearsay also exclude secondhand statements unless they fit into a particular exception. Courts would rather have testimony from firsthand sources who can be cross-examined.
How Lawyers Help with Issues in Evidence
Attorneys are largely responsible for shaping the evidence that is heard by the jury. Attorneys target weak or illegally seized evidence before trial with suppression motions and pretrial hearings.
Experienced advocates may dig into police protocols, lab reports, and witness credibility to find errors or bias. If something is not right during collection or analysis, a veteran attorney will root it out.
Attorneys also know how to introduce evidence that is in your favor. That can include calling expert witnesses, bringing surveillance records, or introducing character witnesses that add credibility to the defense.
