what kind of evidence does my lawyer have

In most states, evidence can include: testimony in court, from you or from your witnesses; medical reports of injuries from the abuse;

Full Answer

What kind of evidence can be used in a court case?

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.

Can prosecutors examine evidence in the hands of defendants?

Jan 28, 2020 · According to the Black’s Law Dictionary, Documentary Evidence includes books, maps, plans, drawings, photographs and also includes any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter.

What are the rules of evidence?

Dec 28, 2017 · Any evidence you submit at trial should be accurate and up-to date. A judge will rely on your income, asset, and debt information when determining property awards, child support, and alimony. You’ll introduce written evidence at trial in the form of exhibits.

Why is the law of evidence important?

In most states, evidence can include: testimony in court, from you or from your witnesses; medical reports of injuries from the abuse; police reports for when you or a witness called the police; pictures of your injuries; household objects torn or broken by the abuser;

What are 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.Feb 15, 2019

What are 5 types of evidence?

The court recognizes these five types of evidence, as discussed in this piece.Real evidence. Real evidence is any material that was used or present in the crime scene at the time of the crime. ... Documentary evidence. ... Demonstrative evidence. ... Testimonial evidence. ... Digital evidence.Jul 10, 2020

What can be considered evidence?

Evidence: An Overview Evidence is an item which a litigant proffers to make the existence of a fact more or less probable. Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects.

What type of evidence can be presented in court?

There are four types of evidence that may be presented by either the prosecution or the defense in a criminal trial: real, demonstrative, testimonial, and documentary.Feb 15, 2018

What is the strongest type of evidence?

Direct Evidence The most powerful type of evidence, direct evidence requires no inference and directly proves the fact you are investigating.Mar 24, 2022

What is strong evidence in court?

Strong circumstantial evidence that only leads to one logical conclusion can sometimes become the evidence the court uses in reaching belief beyond a reasonable doubt to convict an accused. It requires assumptions and logical inferences to be made by the court to attribute meaning to the evidence.

What are the 2 main types of evidence?

There are two types of evidence; namely, direct evidence and circumstantial evidence.

What are the 7 types of evidence?

Terms in this set (7)Personal Experience. To use an event that happened in your life to explain or support a claim.Statistics/Research/Known Facts. To use accurate data to support your claim.Allusions. ... Examples. ... Authority. ... Analogy. ... Hypothetical Situations.

What are some examples of direct evidence?

Examples of direct evidence include:Security camera footage showing a person breaking into a store and stealing items;An audio recording of a person admitting to committing a crime;Ballistics tests that show a bullet was fired by a specific firearm;Eyewitness testimony that a person saw the defendant commit a crime;More items...•Aug 10, 2018

What facts should be proved?

Facts which the parties to the suit or their agents agree to admit at the hearing. Facts which the parties to the suit or their agents agree to admit, prior to the hearing, in writing. Facts deemed to be already admitted by the parties to the suit through pleadings.Mar 28, 2020

What is oral evidence?

Oral evidence is the evidence given by witnesses who are called in the court in regards to the trial orally. Documentary evidence, on the other hand, is the evidence which is submitted in the court in written form including documents, papers etc.Mar 30, 2020

What is real evidence in law?

(1) Definition. “Real Evidence” refers to any tangible object or sound recording of a conversation that is offered in evidence. (2) Admissibility. Real evidence is admissible upon a showing that it is relevant to an issue in the proceeding, is what it purports to be, and has not been tampered with.

Why is the law of evidence important?

This is because, knowing the different classifications of evidence will help you to know whether or not, a particular evidence will be admissible in court.

What is circumstantial evidence?

Circumstantial evidence is defined as evidence based on interference and not on personal knowledge or observation. Circumstantial evidence has also been defined as evidence of some collateral facts from which the existence or non-existence of some facts in question may be inferred as a probable consequence.

What is evidence in court?

On the one hand, it may refer to testimony that had been given by a witness in court, or it may refer to legally admissible testimony. According to Cross and Tapper, the evidence of an act is that which tends to prove it.

What is the law of opinion?

In the law of evidence, opinion means any interference from observed facts and the law on the subject derives from the general rule that witness must speak only to that which was directly observed by them. The general rule behind opinion evidence is that a withness is not allowed to give his opinion as to existence or non-existence of a fact in issue or relevant fact. Such evidence of opinion is regarded as irrelevant and therefore inadmissible in court.

What is direct evidence?

Direct evidence: Direct evidence is evidence that is based on personal knowledge or observation and that, if true, proves a fact without interference or presumption. Direct evidence is sometimes referred to as testimonial evidence. It is the testimony directly asserting the facts in issue.

What is evidence in black law?

Blacks Law Dictionary defines evidence as something, including testimony, documents and tangible objects that tends to prove or disprove the existence of an alleged facts.

Why does direct evidence have more weight?

The reason is because direct evidence is based on the personal knowledge of a person . In light of the above, i will be discussing the various types ...

What is circumstantial evidence?

Circumstantial Evidence: Evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter can be reasonably inferred. Corroborating Evidence: Evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof ...

What is the exclusionary rule?

Exclusionary Rule: A rule of evidence that excludes or suppresses evidence obtained in violation of a defendant's constitutional rights.

What is the difference between a civil and a criminal case?

The main difference between the use of evidence in criminal and civil cases is the burden of proof . For a guilty verdict in a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt.". But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" ...

What is evidence in a case?

In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding. Evidence -- crucial in both civil and criminal proceedings -- may include blood or hair samples, video surveillance recordings, or witness testimony.

What is the job of an attorney in a civil trial?

One of your attorney's most vital tasks is to find evidence that best supports your case.

Can a civil defendant be found liable?

But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" (a lower threshold). Criminal Law. Personal Injury -- Plaintiff. If you have additional questions about the rules of evidence and its role in a legal proceeding, consider speaking with a criminal defense ...

Can evidence be used in a trial?

If evidence is procured illegally, such as during an unlawful police search, then that evidence ( and any other evidence it leads to) may not be used at trial. Evidence that is deemed irrelevant or prejudicial to a case also may be deemed inadmissible.

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 is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

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 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 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 to do if your spouse contests your divorce?

If the receiving spouse contests what’s in the divorce complaint, then you’ll need to litigate your case through the discovery process and eventually trial. Early on in your divorce, you and your spouse must submit financial disclosures detailing your income and monthly expenses. Your financial disclosures should estimate your monthly expenses on ...

What evidence should be submitted at trial?

Any evidence you submit at trial should be accurate and up-to date. A judge will rely on your income, asset, and debt information when determining property awards, child support, and alimony. You’ll introduce written evidence at trial in the form of exhibits.

What should be included in financial disclosures for divorce?

Your financial disclosures should estimate your monthly expenses on items like rent/mortgage, utilities, food, transportation costs, insurance premiums, and other personal care costs. If your income or expenses change during the divorce process, you must update your disclosures and provide verifying documentation.

What documents can you use to get your spouse's information?

If your spouse is unable or refuses to provide the requested information or documents, you can use subpoenas to obtain evidence like bank statements, salary information, tax returns, school records, and certain medical records.

How to present evidence in a trial?

There are many ways to present evidence. Some evidence that a judge will consider at trial will be provided through your own testimony. You may also call witnesses in your case, including family, friends, and experts. It’s important that if your experts have relied on certain evidence to form their opinions, that you make ...

Do you have to show exhibits to spouse?

Depending on your local court’s rules, this may happen before or during trial. Once your exhibit is marked, you must show it to your spouse and/or attorney, and you’ll need to have at least a few additional copies for the judge and court reporter to review and add to the divorce record.

Can you serve a subpoena on your spouse?

Some documents and records you need as evidence will be easily obtainable. You can serve requests for production of documents or interrogatories on your spouse asking for certain documents or information. If your spouse is unable or refuses to provide the requested information or documents, you can use subpoenas to obtain evidence like bank ...

How can a witness strengthen a case?

It is important to note that all of your potential witnesses may not be able to add to your case. Keep in mind that witness testimonies help the judge determine how legitimate your claims and allegations are in your child custody case.

What are the types of evidence in custody cases?

The Types of Evidence You Should Gather. The most common types of evidence in child custody cases include: 1. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters. 2. Journals. 3. Photographs. 4.

Why is journaling important?

However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory.

What is the main thing a court is interested in when making decisions about child custody?

When making decisions about child custody, the main thing a court is interested in involves doing what is in the best interest of your child. Judges use certain custody factors when they have to make decisions about child custody. These factors include:

What is a calendar?

Your Calendar. Your calendar is documentation of how much time you have spent with your child. It is much like your journal, but it gives you and your family law attorney another tool to use that visually shows the time you spent with your child. Make sure your calendar is easily available at any time.

When is the next custody case?

July 16, 2020. If you believe you are going to be involved in a custody case, it is important to know how to gather and organize any evidence you may need. By collecting the evidence you may need before you actually require it, you may be able to save a lot of money and vastly improve your negotiation position.

Can a court hear a voicemail from a child?

If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. Oftentimes, it is not necessary for the court to hear the entire message . You could even anger the court if you play long messages that are irrelevant.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

What type of evidence can be used to exonerate a defendant?

9. Exculpatory Evidence. This type of evidence can exonerate a defendant in a – usually criminal – case.

What is the importance of evidence in an investigation?

Evidence comes in many forms, and even if it’s not admissible in court it can still be relevant to a case and provide valuable insight during an investigation. The ability to gather and analyze different types of evidence is one of the most important competencies for anyone who conducts investigations. There are many types of evidence that help the ...

What is analogous evidence?

Analogical evidence uses a comparison of things that are similar to draw an analogy. 2. Anecdotal Evidence. Anecdotal evidence isn’t used in court, but can sometimes help in a workplace investigation to get a better picture of an issue.

What is indirect evidence?

Also known as indirect evidence, this type of evidence is used to infer something based on a series of facts separate from the fact the argument is trying to prove. It requires a deduction of facts from other facts that can be proven and, while not considered to be strong evidence, it can be relevant in a workplace investigation, which has a different burden of proof than a criminal investigation.

What is a testimony used for?

This is a testimony or document that is used to help prove that someone acted in a particular way based on the person’s character. While this can’t be used to prove that a person’s behavior at a certain time was consistent with his or her character, it can be used in some workplace investigations to prove intent, motive, or opportunity.

What is demonstrative evidence?

Demonstrative Evidence. An object or document is considered to be demonstrative evidence when it directly demonstrates a fact. It’s a common and reliable kind of evidence. Examples of this kind of evidence are photographs, video and audio recordings, charts, etc.

What is digital evidence?

Digital Evidence. Digital evidence can be any sort of digital file from an electronic source. This includes email, text messages, instant messages, files and documents extracted from hard drives, electronic financial transactions, audio files, video files.

What are some examples of evidence that may be admitted in a legal proceeding to prove the abuse, molestation,

Again, it should be noted that the existence of the evidence is a different concept than the admissibility of the evidence. DNA Evidence. DNA of the suspect / Defendant can be collected from the victim.

What is DNA evidence?

DNA Evidence. DNA of the suspect / Defendant can be collected from the victim. This can include bodily fluids, blood, or skin. These items may also be detected and collected on clothing, bedding, furniture, and other items. Fingerprints.

What evidence is needed to prove a child's innocence?

Fingerprints. If the Suspect / Defendant had no prior relationship or contact with the child, fingerprint evidence may be helpful to prove the allegations which includes the presence of the Suspect / Defendant in a home, vehicle, or other location. Medical Records and Photographs of the Injuries.

Why is it important to have a child injury lawyer?

Because of the intricacies of the legal proceedings including those related to evidence, it is often times helpful to have the advice, consultation, and legal representation (when appropriate) of a Child Injury Lawyer on these matters. Here are some examples of evidence that may be admitted in a legal proceeding to prove the abuse, molestation, ...

Who can testify in a criminal case?

The Defendant / Suspect may have made statements to the victim, witnesses, friends, family members and others. These admissions may be used as evidence to prove the allegations of assault, abuse, or molestation. The victim or a third person can testify as to the statement made by the Defendant. In addition, a tape recording or videotape ...

Should test messages be printed out?

E-mails / test messages should be printed out and otherwise saved in case a phone / computer is washed or the data otherwise becomes corrupted and unavailable. Facebook and Social Media. Some Suspects / Defendants will post photos and details of their exploits on Facebook, Socia Media, and other outlets.

Can you record a video without consent?

Some States have wiretap laws that prohibit the recording / videotape of a person in a private location without the person’s knowledge or consent. Controlled recordings by audio or video tape that comply with the law on point are probably the best evidence in these situations. Text Messages and E-Mails.

Definition of Evidence

• In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding. Evidence -- crucial in both civil and criminal proceedings -- may include blood or hair samples, video surveillance recordings, or witness testimony. The Federal Rules of Evidence(PD...

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Terms to Know

Practice Area Notes

Related Practice Areas

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 of discovery that a defense at...

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The Right to Discovery: Brady Material

Federal and State Discovery Statutes

Questions For Your Attorney