In some criminal cases, law enforcement officers are unable to gather the evidence necessary to prove that you are guilty persuasively. It is extremely important to be able to recognize when the case against you is a weak one. Nine signs that the criminal case against you is weak are:
- a lack of evidence,
- conflicting evidence,
- inadmissible evidence,
- excludable evidence,
- unreliable witnesses,
- a lack of motive,
- the availability of a strong legal defense,
- errors in the criminal complaint, and
- a favorable plea offer.
1. Lack of evidence
In the U.S. criminal justice system, each element of the crime being charged must be proven beyond a reasonable doubt by the prosecutor. According to the California Criminal Jury Instructions:
“Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt because everything in life is open to some possible or imaginary doubt.”[1]
Each criminal offense has its own elements. The type of physical evidence needed to prove a defendant’s guilt, then, depends on the crime being charged. For example, DNA evidence may be strong evidence for a felony case of sexual assault, but not for a misdemeanor domestic violence offense or for driving under the influence (DUI).
If the prosecutor does not have enough evidence to prove an element of the crime, then that is a strong sign that they have a weak case. If they have no evidence at all to prove an element of the crime, the district attorney should drop the charges. However, our criminal defense lawyers have found that this is not always what happens.
2. Conflicting evidence
Conflicting evidence is also a sign of a weak criminal case.
For example: The police report says that Bob was caught fleeing the scene of the crime, but credible witnesses say that Bob was standing still when he was arrested by police officers.
When there is conflicting evidence, it raises reasonable doubts about the prosecutor’s case. This makes it far more difficult to prove in court.
3. Inadmissible evidence
Not all evidence of a crime is admissible in court. If the prosecutor is trying to use inadmissible evidence, that is a sign that their case against you is weak.
The criminal defense attorneys at our law firm have found that the most common reasons for evidence to be inadmissible are when it is:
- irrelevant to the crime charged, [2]
- substantially outweighed by the danger of it being unfairly prejudicial to a jury, [3]
- related to plea negotiations, [4]
- privileged, such as by the spousal privilege or the privilege afforded by the attorney-client relationship, [5] and
- hearsay. [6]
Our defense team has found that prosecutors are more likely to try to use inadmissible evidence against you if you do not have legal representation.
4. Excludable evidence
If law enforcement violates your civil rights when they uncover evidence of the crime, that evidence can be excluded. Some common Constitutional rights violations that can lead to evidence being excluded are:
- searches without a warrant or outside of an exception to the search warrant requirement,
- other illegal searches or seizures, such as a seizure with no probable cause,
- failing to inform you of your rights in a Miranda warning upon arrest, and
- depriving you of your right to a lawyer when you ask for one.
The burden of proof is typically on you to get illegally obtained evidence excluded, or thrown out. This is generally done through a motion to suppress, known in California as a “1538.5 motion.”
If successful, what is suppressed can leave the prosecutor with insufficient evidence to secure a conviction.
5. Unreliable witnesses
If the prosecution’s case relies on witnesses who are unreliable or who lack credibility, then that is a sign of a weak criminal case. Witnesses can be unreliable if they:
- have a history of lying,
- have a motive for not telling the truth in your case,
- did not get a good look at the crime, and/or
- keep changing their testimony.
An effective cross-examination can make it clear to the jury that the witness should not be trusted. If the prosecutor presents information about the crime from an unreliable witness’ testimony, it means they have no other source for it.
6. Lack of motive
One thing that can undermine the prosecutor’s case is if they do not know the motive for the crime. Without being able to explain why the crime was committed, persuading the jury that you are guilty can be more difficult.
7. Strong legal defense
If you have a legal defense that the prosecutor cannot overcome, then their case can be a weak one. The best legal defense will depend on the criminal charge and the circumstances surrounding it.
Some common defense strategies that our lawyers use for our clients are:
- self-defense,
- alibi,
- lack of intent, and
- mistaken identity.
With effective legal help, these defenses can even succeed if there is a strong case against you.
8. Errors in the criminal complaint
The criminal complaint is the formal document that describes the crimes you are accused of committing. Errors in the complaint can be a sign that the case against you is weak. Some examples include:
- the wrong charges have been filed,
- the charges are filed under the wrong criminal law, or
- the facts in the complaint are incorrect.
9. Prosecutors offer a favorable plea deal
Another sign that the case against you is weak is if the prosecutor offers a lenient plea deal. Typically, law enforcement wants to get a conviction with the highest punishment available. If they are willing to let you go with a guilty plea and a slap on the wrist, it might be because they doubt they can secure a conviction. A favorable plea deal can be their way of getting what they can get.
What to do when there are signs of a weak criminal case
The best thing to do when there are signs that the prosecutor’s case against you is a weak one is to get the legal advice of your defense lawyer. Some common tactics for challenging a weak case are to:
- demand a more favorable plea bargain,
- take the case to a criminal trial to try for a full acquittal,
- file a motion to suppress evidence,
- request that the charges be dropped, or
- ask the court to dismiss the case.
The best course of action will depend on the precise circumstances as well as on your interests, goals, and concerns. For example, if your focus is on avoiding jail time, then taking a favorable plea deal may be your best option, while if you need to avoid any criminal conviction, then you may want to risk a trial and try to get acquitted.
Legal Citations:
[1] California Criminal Jury Instructions (CALCRIM) No. 220.
[2] See Federal Rule of Evidence 401.
[3] See Federal Rule of Evidence 403.
[4] See Federal Rule of Evidence 410.
[5] See Federal Rule of Evidence 501.
[6] See Federal Rule of Evidence 801.
