The Federal Rules of Evidence
Miami Criminal Defense Attorney Protecting Your Rights
The Federal Rules of Evidence were designed to make federal trials fair. You have probably heard that hearsay is not admissible, evidence must be relevant, that the “best evidence rule” applies, that certain prior convictions are admissible as evidence and others are not, that expert testimony can be presented to jurors after certain requirements have been met, and so on. The idea is that evidence should allow testimony, documents, photographs, postings on Internet social sites, etc., to be presented to the jury with the goal of being of help to the triers of fact. The Federal Rules of Evidence were introduced in order to try and create a uniform system across all federal courts as to the exclusion and admission of evidence in a trial.
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Why a Defense Lawyer is Necessary
If you are facing trial, it is essential that you discuss evidentiary issues with your lawyer, such as: who will be called as a witness? What evidence will the prosecution attempt to present to the jurors? What will be the defense strategy and what will you ask the government witnesses on cross-examination? What demonstrative evidence such as photographs, maps, taped recordings, etc., will we use to convince the jury that there is at least a reasonable doubt? It is extremely important that you have a good relationship with your lawyer, so that all these issues may be discussed to your satisfaction well before your trial begins.
Of course, all evidence presented by the government in a criminal case should be assumed to be prejudicial to the defendant. Nevertheless, the judge may balance the probative value of the evidence in question against a risk of unfair prejudice. The rules state that the court may exclude otherwise relevant evidence if it confuses the issues, misleads the jury, causes undue delay, wastes time, or needlessly presents cumulative evidence.
Rule 403 of The Federal Rules of Evidence
The rules of evidence interplay with one another. So, even when evidence is admissible under Rule 404(b), the trial judge has the authority to exclude the otherwise admissible evidence as unfairly prejudicial under Rule 403.
The law of evidence is fascinating, and a good and experienced criminal defense lawyer will have knowledge of the rules of evidence and how to use them to your advantage.
Speak to our Attorneys to Learn More About The Federal Rules Of Evidence
The complexities of any trial can be daunting, but our attorneys are here to provide more information and assistance during your federal crimes case. Contact us today at (305) 985-6640 for more information or to schedule a free consultation.
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