What Evidence Is Admissible in Trial?

Posted By Carlson & Colier || 1-Feb-2016

Who determines what evidence is admissible in court? The law defines any document, witness testimony, or physical evidence are admissible in trial. This is often introduced to the jury and to the judge to advocate for an argument or highlight some missteps in the trial.

The types of admissible evidence include the following:

  1. Real evidence
  2. Testimonial evidence
  3. Documentary evidence
  4. Demonstrative evidence

All of this evidence can be used to prove that the defendant is guilty beyond a reasonable doubt. Before that, the evidence must be deemed admissible. There are many different ways that certain statements and.

How the Law Determines if Evidence Is Admissible

Any evidence that is not considered relevant to the case to the case. Relevant evidence must seek to prove or refute any important elements related to the case. If the evidence has no relation to the facts involved, then it is considered irrelevant.

Reliable evidence includes evidence that was uncovered from reliable resources, such as an eyewitness testimony.

What Evidence Would Be Considered Inadmissible?

The laws define “inadmissible evidence in various ways.” Essentially, any evidence that does not satisfy the state or federal guidelines cannot be used as evidence. It may be unreliable, hearsay, or have no factual basis. Other factors that can impact the admissibility of evidence can depend on the judge’s discretion, as well as the court and county where the trial is taking place.

Evidence that is more likely to be inadmissible includes:

  • Hearsay
  • Character traits of witnesses that may be unreliable
  • Misleading evidence
  • The evidence is wasting the jury’s time
  • There is unfair bias or prejudice
  • The information arises from privilege

Once the information has been deemed irrelevant or otherwise inadmissible in court, the judge can strike it from the record and it will not be used in the prosecution of the defendant. As this is one of the most important aspects of a criminal case. Should you have any questions, do not hesitate to contact Carlson & Collier today about your legal options.

We offer free, confidential case consultations. Call today at (804) 277-4774!

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.