when can a defense attorney go to the scene of the crime and collect evidence

“When the defense has made a legitimate request to inspect a crime scene that is an alleged victim’s home and has articulated a reasonable basis to believe the inspection will lead to relevant evidence on a material issue, then, subject to appropriate time, place, and manner restrictions intended to protect the privacy interests of the alleged victim and her family, the discovery should be granted,” Justice Barry Albin wrote for the court in State of New Jersey in the Interest of A.B.

Full Answer

How does a criminal defense attorney gather information?

Yes, lawyers do sometimes go to the crime scene in order to get a feel for the place and to see for themselves whether various accounts of what took place make sense. This can be very useful during cross-examination to test the memory or veracityof a witness. However lawyers do not go to crime scenes in order to collect evidence.

What is a lawyer entitled to in a criminal case?

Sep 26, 2014 · “When the defense has made a legitimate request to inspect a crime scene that is an alleged victim’s home and has articulated a reasonable basis to believe the inspection will lead to relevant evidence on a material issue, then, subject to appropriate time, place, and manner restrictions intended to protect the privacy interests of the alleged victim and her …

Can an attorney investigate a crime scene on their own?

Oct 10, 2018 · The first is that a criminal defense attorney, absent extraordinary circumstances, should never receive any time of evidence that relates to his client’s criminal culpability. In those cases where an exception to a general rule should apply, the criminal defense attorney must carefully review the law in his/her jurisdiction and the special facts of the case.

What kind of evidence is a lawyer entitled to?

All evidence falls under one of these two categories. Direct evidence delivers information that is true without requiring inference. In other words, it proves a fact beyond a reasonable doubt. Circumstantial evidence, however, is more common but is not direct proof. Instead it is a fact that can be used to infer another fact.

Criminal Law Update: Defendant Permitted to Inspect Victims Home

Well, even in New Jersey the blind squirrels got the nut. In this case, the question came as "does the

Ruling Allows Defendants to Inspect Crime Victims' Homes

The New Jersey Supreme Court has ruled that defendants in criminal cases may be allowed to inspect the homes of their alleged victims if the homes are also the crime scenes.

What is evidence in criminal cases?

Generally, evidence is: testimony or physical items used to establish blame in a criminal case. This means that testimonies, whether written, spoken, recorded, or otherwise communicated are considered evidence as much as physical “exhibits” are. There are two basic types of evidence: Direct evidence. Circumstantial evidence.

What are the rules of evidence?

Rules of Evidence. When facing criminal charges and even before you are formally charged, you will likely hear the word “evidence” thrown around a lot. Most criminal cases depend on evidence and without it there would be no charges.

Why is hearingsay important?

Hearsay is a very important but very complex legal matter with many exceptions. In the representation of criminal defendants, it is the defense lawyer’s job to make sure that the evidence used against you fits all these, and more, criterion. There are literally hundreds of rules and laws regarding evidence.

What is the difference between direct evidence and circumstantial evidence?

Direct evidence. Circumstantial evidence. All evidence falls under one of these two categories. Direct evidence delivers information that is true without requiring inference. In other words, it proves a fact beyond a reasonable doubt. Circumstantial evidence, however, is more common but is not direct proof. Instead it is a fact that can be used ...

What is circumstantial evidence?

Circumstantial Evidence. An expert who testifies that the bullet which killed Mr. B came from a 9 mm. weapon, though not specifying which one. A witness who testifies that they arrived at a crime scene to find Mr. A standing over Mr. B with a smoking gum.

What to do if your rights are violated?

If your rights have been violated or if the evidence is irrelevant to the case your defense attorney should do everything they can to ensure it isn’t used against you. To fully understand the evidence in your case and the impact it can have on your criminal charges, you need to speak with a defense attorney.

Is evidence admissible in court?

Not all evidence is admissible in court. In order for evidence to be used against you in court, it has to pass several qualifications. First and foremost, the gathering or use of evidence must not violate your constitutional rights.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What is a criminal defense attorney?

A superior criminal defense is built upon a comprehensive understanding of the case and the defendant. A defense attorney gathers information through several means, including: 1 Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim. Thanks to attorney-client privilege, anything shared with one’s defense attorney is completely confidential. 2 A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has, including the charging document, police reports, lab tests, and witness statements. Defense attorneys scrutinize these documents with great care to assess the state’s evidence and look for holes that may help the defense or point to wrongdoing on the part of law enforcement while gathering evidence (e.g., illegal search and seizure, etc.). 3 Independent investigation to gather new evidence and verify the facts of the case. Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What do defense attorneys do?

Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What is the best approach to criminal defense?

The best criminal defense lawyers utilize a team approach when developing a theory of defense; brainstorming and thinking outside the box alongside other expert attorneys leads to the most effective and innovative defense strategies.

What is a trial in court?

A trial is a formal legal proceeding where the facts of a case are presented to a judge (in a bench trial) or a jury of one’s peers (in a jury trial) to determine whether a defendant is found to be guilty or not guilty of a certain offense.

What is the process of discovery?

A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has , including the charging document, police reports, lab tests, and witness statements.

What is a motion to dismiss?

Other cases are resolved during the pre-trial process; for example, a defense lawyer can file a “motion to suppress evidence” or a “motion to dismiss charges ” that can greatly benefit a defendant and perhaps prevent a case from going to trial.

What happens if plea bargaining fails?

If plea bargaining fails and the defendant does not wish to plead guilty , and a judge concludes that there is probable cause to believe a crime was committed, a trial will be scheduled.

Why is documenting important in crime scene investigation?

This is not just limited to the evidence that they find. A crime scene investigator should also take notes on the conditions at the scene and record any relevant observations they have during the evidence-gathering process.

What does it mean when a prosecution has to prove a charge?

The prosecution will need to prove the charges beyond a reasonable doubt, which likely means that they will have to rely on evidence gathered during the crime scene investigation. In fact, it is very possible that the prosecution will be unable to successfully make their case against a defendant without getting the evidence admitted during trial.

What happens if chain of custody is broken?

If chain of custody is broken for any reason, it will be difficult for the prosecution to guarantee that the evidence hasn’t been contaminated. If you have been charged with a crime in Atlantic City or anywhere else in NJ, you should speak with a qualified criminal defense lawyer immediately.

Why must evidence be preserved?

For instance, just because a white substance appears to be an illegal drug doesn’t mean that it actually is an illegal drug.

Do crime scene investigations need to be done in a timely manner?

The crime scene investigation must occur in a timely fashion. It is critical that forensics experts and crime scene investigators conduct their examinations as soon as possible. In fact, NJ law requires that the evidence-gathering process occur before the crime scene becomes contaminated.

David Alexander Russomanno

It is defense counsel's duty and job to investigate every aspect of the case. The more he or she knows about the case, the more adept he or she will be better able to service and advise the client and fight the charges.

Timothy Bryan Liebaert

I agree very much with what Scott Vallens, Esq., has said about this question. I am an attorney and a licensed private investigator. For a homicide case, it is crucial that the handling attorney use a PI for every aspect of the evidence to be developed for the case.

Jeffrey Scott Vallens

Any veteran criminal defense attorney knows that investigation in a criminal case should come through a licensed private investigator. The reason for this is simple. An investigator could be called to tesify if needed. A defense attorney cannot.

David Michael Boertje

A lawyer would be entitled to all discovery on the case, including police reports, witness statements, forensic evidence, test results, and any evidence the prosection has in its possession regarding the case. Additionally a lawyer can have his own investigators conducting investigation to locate evidence, witnesses, etc.

Barry Franklin Poulson

Attorneys gather information. Typical methods include discovery, as you have noted, plus FOIA (Freedom of Informatiion Requests) and (depending on the case) independant analysis of lab results, psych reports, etc. Research of the law, including statutes, jury instructions, and case law.