Evidence is the cornerstone behind any criminal conviction. Police officers are the first point of contact to handle evidence in a criminal case. When law enforcement mishandles, destroys, or alters evidence, this can result in a wrongful conviction. In other cases, when the police perform a shoddy investigation, they may rely on misleading information to arrest someone. At Mueller Law Firm, our Ann Arbor wrongful conviction lawyer will investigate to uncover where the police failed to uphold their legal duty.
The Dangers of Relying Upon Mishandled Evidence
Police officers are responsible for performing a thorough investigation into any criminal matter. This will unearth exactly what happened and who is the culprit. When law enforcement fails to perform their due diligence, the wrong suspect may be apprehended. The problem is simple: police feed DNA, fingerprints, and other forensic evidence into a database to see if any matches pop up. This cross-references evidence from the scene of the crime with criminal records and other public records to identify potential suspects.
This is not foolproof. Forensic evidence can be mishandled, resulting in contaminated biological samples. The sample loses its credibility, but when this evidence is still relied upon at trial, it can mislead a judge or jury. Between 1989 to 2020, 375 DNA exonerees have been recorded, 43% of whom are attributed to a misapplication of forensic science.
Broken Chain of Custody Can Result in an Unjust Verdict
Law enforcement and investigators are responsible for documenting the chronological custody of physical or digital evidence. This includes the initial collection and which parties have the evidence in their control during what dates/times. This is known as a chain of custody, demonstrating that the evidence is what it claims to be. The authentication of evidence is governed by Rule 901 of the Michigan Rules of Evidence.
When the chain of custody is broken, it tells an incomplete story. This could occur if a police officer fails to sign a log when bringing a sealed bag of a controlled substance to the lab. The fact finder (whether it be a judge or jury) will not be privy to this information, relying on what they are told in rendering a verdict. This is the definition of injustice, but many police officers feel impervious to the law.
How To Protect Your Rights
If you believe that evidence was mishandled or altered in your case, it is important that you bring this to the court’s attention. Sadly, if the evidence is incriminatory in nature, the government is less likely to look into it. Although your defense attorney will file a motion to suppress (asking that the court exclude this evidence from the record), it is not always guaranteed. Still, raising the issue can cause the jury to question the prosecution’s credibility, weakening future claims. While this issue can and certainly should be raised on appeal, pursuing these avenues does not always come with the desired result.
Contact Our Ann Arbor Wrongful Conviction Attorney Today
Law enforcement should not get away with tampering with evidence or being careless in performing criminal investigations. At Mueller Law Firm, our Ann Arbor wrongful conviction lawyer is prepared to advocate aggressively on your behalf. Attorney Wolfgang Mueller has represented numerous individuals, helping to overturn unjust convictions while also fighting for financial compensation. To schedule your free consultation, contact our firm online or by phone.
