How Cases Move Through Federal Courts
Criminal Cases
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Investigation
In a criminal case, a defense lawyer will conduct a thorough investigation before trial, interviewing witnesses, visiting the scene of the crime, and examining any physical evidence. An important part of this investigation is determining whether the evidence the government plans to use to prove its case was obtained legally. The Fourth Amendment to the Constitution forbids unreasonable searches and seizures. To enforce this protection, the Supreme Court has decided that for most purposes, illegally seized evidence cannot be used at trial. For example, if the police seize evidence from a defendant’s home without a search warrant, the lawyer for the defendant can ask the court to exclude the evidence from use at trial. The court then holds a hearing to determine whether the search was unreasonable under the circumstances.
If the court rules that key evidence was seized illegally and therefore cannot be used, the government often drops the charges against the defendant. However, if the government already has a strong case and the court rules that the evidence was obtained legally, the defendant may decide to plead guilty rather than go to trial, where a conviction is likely. |
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