Evidence Without Conviction
Description
How to fill out Motion To Bar Introduction Of Any Evidence Relating To Prior Convictions Or Bad Acts?
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FAQ
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact.
In a criminal case, evidence must be lawfully obtained to be admissible. Generally, illegally obtained evidence cannot be used against you in a court of law. While there are some exceptions, a qualified defense attorney can argue against any evidence that was obtained in violation of your constitutional rights.
Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items.
The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.