If prosecutors in Madison, Wisconsin, charge you with a crime, you may wonder what types of evidence they can use against you at trial. It’s also crucial to understand how your criminal defense attorney can push back against the evidence prosecutors plan to use.
In general, there are two types of evidence in a criminal trial: direct evidence and indirect evidence. And how defense attorneys push back against them depends on the circumstances of your case.
What Is Direct Evidence?
Direct evidence ties the defendant to the alleged crime. For example, if prosecutors allege that you assaulted someone and there’s video footage of you assaulting them, that’s direct evidence.
Some common examples of direct evidence include:
- Footage of the crime being committed
- Fingerprints on an instrument used to commit the crime
- Digital evidence of a crime, such as files on a computer
- Testimony from a witness who saw the crime take place
- A documented admission of guilt, such as text messages or a voice recording
- A blood test showing a blood alcohol concentration above the legal limit
While direct evidence can be harder to fight against, it’s not impossible. Some defenses include mistaken identity, raising evidence chain of custody disputes, and discrediting eyewitnesses.
What Is Indirect Evidence?
Indirect evidence either puts the defendant at or around the crime scene or creates a tenuous link between them and the crime. For example, if you were seen on camera leaving a crime scene, it’s indirect evidence because the footage doesn’t show you actually committing the crime.
Examples of indirect evidence include:
- Footage of the suspect being in the area when the crime occurred
- Fingerprints at or around the crime scene
- Digital evidence of the suspect searching things related to the crime
- Testimony from a witness who didn’t directly see the crime take place
- Text messages of voice recordings alluding to the crime
- A field sobriety test suggesting impairment
This evidence tends to be easier to fight against than direct evidence. In some cases, the direct evidence relies on supporting indirect evidence, and defense attorneys can target the weaker indirect evidence.
How Attorneys Push Back Against Evidence
Defense attorneys can push back against evidence the prosecution plans to use before and during trial. Some of the ways they do this are by:
- Calling witness credibility into question by pointing out inconsistencies in their story
- Questioning how the police handled physical evidence, including items with fingerprints on them and DNA samples
- Disputing the validity of chemical tests on various grounds, including that the police took too long to perform the test
- Providing an alibi or arguing a case of mistaken identity
- Arguing that text messages and voice recordings were taken out of context
Contact a Criminal Defense Attorney in Madison, Wisconsin
If prosecutors charged you with a crime in Madison, contact Nicholson Goetz & Otis, S.C. to speak with an experienced Wisconsin criminal defense attorney. We’ll review your case and help you determine what defenses may be available based on the evidence collected by the prosecution.
