Understanding the Criminal Justice System
You may have heard the term “chain of custody” when watching crime dramas. It’s a concept that is central to the introduction of any physical evidence used in a criminal trial, one that is designed to minimize the chances that the evidence has been tampered with between the time it was collected by law enforcement and the time it is introduced by the prosecution as evidence at trial.
When the prosecution introduces evidence (such as electronic evidence collected from laptops and phones as well as actual physical evidence such as clothing or weapons), it must be able to show to some reasonable degree that the evidence has not been tampered with. It can do this in various ways depending on the type of evidence. In many cases, it will begin with a written record of the evidence at the time it was collected and will continue with a written record of where the evidence was stored and of each time the evidence was moved or handled by someone.
Gaps in the chain of custody for a piece of evidence are troublesome. Evidence sometimes gets lost; in fact, it happens more often than you’d think. Any period of time where the evidence isn’t accounted for introduces the possibility that it’s been tampered with and is not in the original condition as it was when it was collected.
A skilled and aggressive defense attorney will pay close attention to the chain of custody of each piece of evidence that the prosecution is trying to use against the defendant and can use gaps in that chain to oppose the introduction of that piece of evidence. Where the questions about what happened to the evidence during any break in the chain of custody are significant enough, the court may refuse to allow the prosecution to introduce the evidence at trial. It’s important to challenge evidence that has chain of custody issues as soon as prosecutors seek to use it; otherwise, the defendant may be deemed to have waived their objection to the evidence.
In Indiana, chain of custody problems won’t automatically mean that the prosecution won’t be allowed to introduce a piece of evidence at trial. The state is only required to provide reasonable assurances that the evidence has remained undisturbed from when it was originally collected. Small gaps in the chain of custody may not be enough to convince the court that the evidence is unreliable. But even in cases where the court allows the prosecution to use evidence that has chain of custody problems, your attorney can argue to the jury that the evidence should not be trusted because of those issues.
At Razumich & Associates, we take a close look at all of the evidence that prosecutors seek to introduce against our clients and regularly challenge evidence that has chain of custody issues. We’re ready to bring that experience to court on your behalf if you’ve been charged with a crime in Indiana. Contact us today for a free, confidential case evaluation – call us at 317-449-8661 or use our contact form to schedule your consultation. You deserve an attorney who knows how to fight for their client!
