A person who is stopped by the police, searched, and arrested will want to contact a lawyer as quickly as possible to get help avoiding a conviction. One technique a lawyer can use is to find a mistake made by the police and invoke the fruit of the forbidden tree doctrine to have as much evidence as possible dismissed before the case goes to court.
What is the Fruit of the Forbidden Tree Doctrine?
The fruit of the forbidden tree doctrine states that if evidence is collected illegally, any evidence that is found as a result of the previous evidence cannot be used. However, if the evidence would have been found eventually without the illegally gained evidence being necessary, it might be admitted. This means the doctrine is not easy to apply and will require a lawyer with an understanding of the doctrine to ensure it’s used properly.
How Can a Lawyer Use This for Their Client?
A lawyer will look through the case to find out if anything was done incorrectly and, if it was, if the evidence gathered can be dismissed. If it can be dismissed, they might look for further evidence that can be dismissed by using this doctrine. If enough evidence is dismissed, there might not be sufficient evidence for the prosecution to obtain a conviction.
What Could be the Outcome of Using This Doctrine?
If enough evidence is dismissed because of this doctrine, the case will likely be dropped because there is no longer sufficient evidence to prove the person is guilty. If there is not enough evidence that can be dismissed, another result could be that the charges are lowered. This could be the difference between a felony and a misdemeanor, which could lead to a significantly lower impact on the person’s future.
If you’ve been arrested, a lawyer like Aric Cramer might be able to use this doctrine or a variety of other defense tactics to help you avoid a conviction. Make sure you contact a lawyer as quickly as possible to get the help you need. Visit his website now or contact his office to find a lawyer who is ready to help you.