At Kraut Law Group Criminal & DUI Lawyers, our team leverages deep prosecutorial and defense experience to ensure that only reliable, lawfully obtained evidence is used against our clients, while aggressively challenging everything else throughout the Los Angeles criminal process.
Understanding the California Evidence Code in Los Angeles CourtsThe California Evidence Code applies in every criminal courtroom from the Clara Shortridge Foltz Criminal Justice Center downtown to branch courthouses in Van Nuys, Long Beach, and Pasadena. Although the Penal Code defines crimes, the Evidence Code dictates how facts are proved at each stage of the case, including:
A firm grasp of these rules allows a defense lawyer to object in real time, preserve issues for appeal, and exploit weaknesses in the prosecution’s proof.
Relevance and Admissibility: Clearing the First Evidence HurdleBefore any item is admitted, the court must find it “relevant.” Evidence is relevant when it has a tendency, however slight, to make a material fact more or less probable. In practice, Kraut Law Group Criminal & DUI Lawyers often attacks relevance by showing:
If relevance is marginal or unclear, the judge can and should exclude the material.
Managing Prejudice vs. Probative Value Under California LawEven relevant evidence may be barred if it risks:
This balancing test is a powerful defense tool. By highlighting the danger of unfair prejudice, we frequently convince judges to limit or strike damning exhibits.
Hearsay Challenges and Exceptions in Los Angeles Criminal TrialsHearsay, an out-of-court statement offered as evidence of its truth, is generally inadmissible in court. Nevertheless, prosecutors routinely attempt to introduce police reports, witness statements, and 911 recordings. Key defense strategies include:
Practical hearsay objections can remove entire categories of prosecution evidence.
Evaluating Witness Competency, Memory, and PerceptionWitnesses must testify from personal knowledge and be capable of recalling and communicating their testimony. Kraut Law Group Criminal & DUI Lawyers scrutinizes each witness by exploring:
Where perception or memory is shaky, we move to strike the testimony or request special jury instructions highlighting the shortcomings.
Expert Testimony in Los Angeles: What Counts as Reliable Science?Experts may give opinions on specialized topics, DNA, blood-alcohol analysis, and accident reconstruction, but only if:
Our attorneys often file in limine motions to exclude or limit expert opinions that rely on unvalidated techniques or speculative assumptions.
Handling Physical and Digital Evidence in Los Angeles CourtsFrom firearms and narcotics to smartphone extractions and social-media archives, every exhibit must be authenticated. The proponent must establish:
Breaks in the chain of custody, improper storage conditions, or missing logs can lead to exclusion or diminished weight being presented to the jury.
Using Motions to Suppress Evidence in the Los Angeles Criminal ProcessEvidence obtained in violation of the Fourth or Fifth Amendments cannot be used in court. Common suppression scenarios in Los Angeles include:
A successful suppression motion can gut the prosecution’s case before trial begins.
Character Evidence Rules: Limiting Prior Acts in Criminal TrialsIn general, the prosecution may not introduce evidence of a defendant’s prior misconduct simply to show bad character or criminal propensity. Exceptions exist, particularly with sex offenses and domestic-violence allegations, but the defense can:
Skillfully navigating character evidence rules prevents unfair “guilt by association.”
Asserting Privileges to Protect Confidential CommunicationsThe California Evidence Code shields certain relationships from compelled disclosure. Key privileges in criminal cases encompass:
By asserting privilege, we block the government from prying into private conversations and preserve essential defenses.
How the California Evidence Code Shapes Defense Strategies in Los AngelesMastery of Evidence Code provisions allows Kraut Law Group Criminal & DUI Lawyers to:
Our firm’s former prosecutors understand where evidence tends to break down and how to leverage those flaws to our clients’ advantage.
Frequently Asked Questions About Evidence in Los AngelesQ: “Will the judge decide what the jury can hear?”
Yes. Judges rule on objections and motions, acting as gatekeepers under the Evidence Code.
Q: “Can social-media posts be used against me?”
If they are properly authenticated and relevant, deleting them after an investigation begins may raise concerns about obstruction.
Q: “What if police lost part of the body-camera footage?”
Missing evidence can support a motion to suppress or at least a request for an adverse inference instruction to the jury.
Q: “Are polygraph results admissible?”
Generally, no. California courts view polygraphs as scientifically unreliable unless both sides stipulate otherwise.
Q: “How soon should I hire a lawyer?”
Immediately. Early intervention allows counsel to gather defense evidence, object during critical hearings, and file timely motions.
Your freedom and reputation are too important to trust to chance. Put a seasoned Los Angeles criminal defense team in your corner today.
Contact Us Today And Protect Your FutureIf you have been charged with or accused of a criminal offense, you must consult with a Los Angeles Criminal Defense Lawyer as soon as possible. Our team knows how to defend those charged with crimes effectively. Mr. Kraut is highly respected by judges, prosecutors, and law enforcement as an exceptional trial attorney who vigorously advocates for his clients.
For more information about Los Angeles criminal proceedings, contact Kraut Law Group Criminal & DUI Lawyers, Inc. 24/7 at (323) 464-6453 or use our secure online form.