Helping North Texans Erase Criminal Records

Has tainted evidence been used against you?

On Behalf of | Sep 18, 2022 | Criminal Defense

You were minding your business one day only to be confronted by the police. They questioned you and then went on to suggest that you were a criminal suspect. You found this ridiculous and saw no way that they could have any evidence against you. You were shocked when later arrested and charged. 

To pursue charges against you, law enforcement and the prosecution need to have evidence. However, this evidence isn’t always accurate, valid or even truthful. What is meant by tainted evidence?

Evidence resulting from improper procedures

If you’ve been pulled over on suspicion of a DWI offense, then the police will carry out several tests. You could be breathalyzed, and any subsequent prosecution may rely on these chemical tests. However, breathalyzers aren’t always accurate, particularly if they have not been maintained, calibrated and used properly. If results from a faulty breathalyzer are brought against you in court, then this evidence is tainted.

If the charges brought against you rely on you allegedly possessing illegal substances found during a search, then that search has to be valid. If law enforcement entered your property or searched your person without probable cause or a warrant, then anything found could be considered tainted evidence.

There have also been some instances of police officers planting evidence in an attempt to strengthen their cases. Not only is it unacceptable for this type of tainted evidence to be used against you, but it is also an unlawful act in itself.

It is possible for tainted evidence to be challenged in court. The best way to do this is to have some experienced legal guidance on your side.