Criminal Law in Wisconsin: How to Challenge Evidence

Wisconsin's criminal law system provides avenues for defendants to challenge evidence presented against them. Understanding how to navigate these challenges is crucial for anyone facing criminal charges. This article delves into the key methods for contesting evidence in Wisconsin courts.

1. Motion to Suppress Evidence

A common strategy used to challenge evidence in Wisconsin is filing a motion to suppress. This legal motion requests the court to exclude certain evidence from being considered during a trial. Evidence may be suppressed if it was obtained through illegal means, such as violations of the Fourth Amendment rights against unreasonable searches and seizures. If the evidence in question was obtained without a warrant or probable cause, there may be grounds for suppression.

2. Challenging the Admissibility of Statements

Defendants can also question the admissibility of statements made during interrogations. If an individual was not read their Miranda rights or was coerced into providing a statement, the defense may argue that the statement should not be used in court. In Wisconsin, any confessions or admissions obtained in violation of the defendant’s rights can be deemed inadmissible.

3. Reliability of Witness Testimony

The credibility and reliability of witnesses can also be challenged. Defense attorneys often scrutinize the circumstances surrounding witness statements, including potential biases and inconsistencies. In Wisconsin, the defense can present evidence that undermines the witness’s reliability, such as past criminal behavior or motives for lying. This approach can be effective in casting doubt on the prosecution’s case.

4. Expert Testimony

In some cases, utilizing expert witnesses can bolster a defense's challenge to evidence. Expert witnesses may provide testimony regarding the validity of forensic evidence or the methods used in its collection. For example, if DNA evidence is presented, a defense expert can analyze and testify about the testing process and its potential flaws.

5. Chain of Custody Issues

Establishing a proper chain of custody is essential when introducing physical evidence in court. If a defense can show that evidence was not properly handled or documented, it may be deemed inadmissible. This includes questioning whether the evidence was tampered with or contaminated after its collection. In Wisconsin, any gaps in the chain of custody can lead to significant implications for admissibility.

6. Constitutional Violations

Defendants in Wisconsin may argue that evidence was obtained in violation of their constitutional rights. This includes issues related to search and seizure laws, as well as rights to due process. If the evidence collected infringes on constitutional protections, the court may rule that it cannot be admitted in trial.

Conclusion

Challenging evidence in criminal cases in Wisconsin requires a comprehensive understanding of legal procedures and strategies. Defendants and their attorneys must be vigilant in identifying any irregularities or violations that could undermine the prosecution's case. By utilizing motions to suppress, questioning witness credibility, and scrutinizing evidence collection methods, the defense can effectively challenge the integrity of the evidence presented against them.