A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor’s narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Your criminal defense lawyer can disprove the prosecution’s allegations and evidence by presenting physical evidence or examining and cross-examining witnesses. Your attorney can also call you to testify and defend yourself. Note that the prosecutor will most likely ask questions seeking clarification or dismissing your claims if you choose to testify in your criminal case.
Learn more about the evidence you can present in a criminal case in Minnesota by scheduling a free consultation with Keller Criminal Defense Attorneys. Call (952) 913-1421.
Table of Contents
What Types of Evidence Can the Defense Present?
The defense team uses different types of evidence to build a strong case and stack the odds in the defendant’s favor. Your criminal defense attorney must know the various forms of evidence that will positively impact the outcome of your case.
Witnesses Testimonies
Your lawyer can present witnesses to provide relevant information regarding the crime. Your lawyer can call eyewitnesses, expert witnesses, character witnesses, and alibi witnesses. The lawyer can present alibi witnesses to back your claims that you were not at or near the scene when the crime happened
Some cases require police witnesses to provide statements about the investigative methods used and the chain of custody of the evidence.
The prosecution team could use circumstantial evidence to link you to a crime if there is no eyewitness. In such a scenario, your attorney will question the credibility of the circumstantial evidence or demonstrate that there is sufficient doubt that you committed the crime.
Physical Evidence
This type of evidence includes weapons obtained from the crime scene, surveillance camera footage, and DNA results. Your defense team can present forensic evidence such as DNA and ballistic reports if you are facing robbery with violence charges. The report will show results that contradict those of the prosecutor. Such a report will cast doubt on the prosecutor’s evidence. Your lawyer can also use your fingerprints to show the court that they don’t match those from the crime scene. This evidence can be instrumental in proving your innocence.
Documented Evidence
Your lawyer can challenge the prosecutor’s evidence using documented evidence. The lawyer must, however, ensure the documents are authentic and relevant to your case. Acceptable documents that your lawyer can use include indisputable records of events, transactions, and communications. Others include letters, contracts, government-issued documents, and financial records.
Your lawyer can use digital documents, such as social media posts, emails, and text messages, as evidence to prove your innocence. So, when is your social media activity admissible evidence? Social media evidence is admissible if it is reliable and relevant to the criminal case.
Confession Evidence
Minnesota criminal confession statute states that your confession is not sufficient to lead to a conviction if no evidence exists to show that you committed the crime. It also renders your confession inadmissible if you made it because you were subjected to fear through threats and intimidation. Your lawyer can cite this statute and submit evidence that you were coerced into making a confession to convince the court to exclude the confession from trial.
When Does the Defense Present Evidence in Court?
Your criminal defense lawyer will present evidence during trial proceedings immediately after the prosecution team has laid out its case. The lawyer will take the following steps when presenting the evidence in court:
- Jury Selection: Your lawyer has the right to select the jury at this phase if he or she didn’t have a chance to do so during the pre-trial stage.
- Opening statement: Your lawyer delivers opening statements outlining the theory of the case and the evidence the lawyer has to disprove the prosecutor’s case. However, your attorney may delay this until the prosecution rests its case.
- Presenting the evidence: Your lawyer then presents the evidence detailing why the charges filed against you should be dismissed. The prosecution team will cross-examine you if you decide to take the stand.
- Closing arguments: Your lawyer can also present sub-rebuttal evidence in response, give closing arguments summarizing his or her evidence, and explain why the jury or judge should render the final verdict in your favor. The lawyer can do this by arguing how the prosecution failed to meet the burden of proof and that you should not be held guilty of the crime.
Criminal Defense Process in Minnesota
Most criminal cases undergo several stages before the defendant is proven guilty, acquitted, or the case is dismissed. The time taken to finalize the hearing and issue sentencing depends on the facts of the case and the number of involved parties. Generally, most criminal cases in Minnesota undergo the following stages:
Investigation and Arrest
The law enforcement officers officially start their investigation after a crime is reported. They gather enough evidence and determine the suspect before making an arrest. The evidence collected could be from witness interviews, questioning of suspects, monitoring phones, paid confidential informant testimonies, and photos or videos.
The officers are required to make an arrest with a warrant, but there are instances where they don’t need a warrant. When making an arrest, the police must read the Miranda rights, handcuff the suspects, and escort them to the police station. After an arrest, the suspect is booked and given a chance to contact his or her criminal defense lawyer. Suspects with no legal representation are assigned a public attorney to handle their case.
Initial Court Appearance and Arraignment
Minnesota law requires the suspect to be presented in court within 36 hours, excluding public holidays and weekends. The initial court appearance involves informing you of the criminal charges you are facing. The judge also confirms if you are aware of your rights.These rights include the right to remain silent, the right to get a reasonable bail, the right to legal counsel, and the right to have a speedy and fair trial.
It’s during the initial court appearance that the judge will grant bail. The judge may, however, impose conditions, such as prohibiting you from traveling or having contact with the alleged victim.
The prosecution may approach you with a plea deal after the initial court appearance. Talk to your lawyer before making a decision. In fact, leave the plea bargain task to your lawyer. He or she can tell what qualifies as an acceptable plea deal based on your criminal charges and the strength of the evidence against you.
Pre-trial Hearing
A pre-trial hearing is the third stage of a criminal defense process that allows both parties to review evidence, resolve procedural errors, and determine how the case will proceed. During this stage, the defense and the prosecution can file motions seeking the inclusion or exclusion of certain pieces of evidence in the trial phase.
Both parties can exchange their evidence and address disputes over forensic evidence, expert witnesses, or whether the evidence can be found inadmissible. The evidence can be inadmissible if it’s irrelevant to the case or was obtained through illegal searches and seizures.
The court can exclude evidence obtained in violation of your Miranda rights. It may also exclude hearsay evidence or any evidence with a chain of custody issues, especially if your attorney demonstrates that it was handled or stored improperly.
Some criminal cases get dismissed at the pre-trial stage. Others resolve through plea agreements between the prosecution and the defense team. Only a few cases proceed to trial. The judge will issue a hearing date, and all involved parties will be required to confirm the date if your case proceeds to the trial phase.
The date allocated can change depending on the witnesses’ availability, jury selection confirmation, and courtroom availability and scheduling. The judge also outlines how laws should be interpreted. The prosecutor or defense team can also make suggestions on legal aspects, depending on the charges and evidence presented.
There are instances where the defendant’s lawyer requests special consideration, such as the client’s mental health and security. Defendants with questionable mental health are required to undergo psychological evaluation to determine their mental status. The court can also make special consideration for cases involving child abuse and domestic violence and issue restrictions to protect the alleged victim.
Trial
It’s at the trial stage where both the prosecutor and the defense team present their evidence in front of the judge or jury. Both sides get a chance to select the jury at this stage if they did not do so at the pre-trial stage The selected jury members are then questioned to determine if they have biases or preconceptions that might affect their judgment.
Afterward, the defense and the prosecution team are allowed to deliver their opening statements. The prosecution team goes first and outlines the facts it intends to prove and how its evidence will prove the defendant guilty. The defense team then follows by presenting evidence and arguments to discredit the prosecution’s allegations.
The prosecution presents its evidence, such as witness testimonies, physical evidence, or circumstantial evidence, after making the opening statements. Your defense attorney will get a chance to cross-examine the prosecution witnesses. This cross-examination may involve asking questions that may challenge the credibility of the witnesses or point out the inconsistencies in their testimonies.
The defense team is then allowed to present its evidence if there is any. The evidence could be from witnesses or physical evidence and should prove that the defendant didn’t commit the crime. Your lawyer can, for instance, present eyewitness statements, cell phone records, credit or debit card receipts, and security camera footage to prove you were somewhere else when the crime happened.
You can testify in your own defense. You should, however, note that your testimony will be subject to cross-examination by the prosecutor. The prosecutor will present rebuttal evidence countering your arguments. Your defense team can also present sub-rebuttal evidence in response.
Both parties will deliver closing arguments to summarize their evidence and try to persuade the jury or judge to render the final verdict in their favor. The prosecution can, for instance, review its evidence and show how you are guilty beyond any reasonable doubt of the charges presented. Your criminal defense lawyer, on the other hand, can demonstrate how the prosecution has failed to meet the burden of proof and request the court acquit you.
The judge then gives instructions on the legal standards to be followed when deciding the criminal case. The jury will take time to discuss the testimonies and evidence presented and reach a unanimous verdict. The case proceeds to the sentencing stage if you are found guilty. You will get acquitted of the charges and set free if the court renders a not-guilty verdict.
Sentencing and Appeal
At the sentencing stage, the judge outlines the severity of the offense and addresses any aggravating or mitigating factors. He or she then issues the sentence, which may involve imposing probation, community service, fines, or even prison. After sentencing, you have the right to appeal to a higher court if you believe the final verdict was unfair.
Still wondering, “When does the defense present evidence in a criminal case?” Keller Criminal Defense Attorneys can provide you with a more detailed answer. We can also evaluate your case and develop a winning defense strategy. Contact us to organize a free initial consultation with one of our veteran criminal defense lawyers.
