Navigating the federal rules of evidence: work with an experienced attorney

On Behalf of | Apr 16, 2015 | Sexual Assault

Having an experienced criminal defense attorney is obviously important for anybody facing criminal charges, particularly for those facing felony charges. Not only does an experienced criminal defense attorney bring to the table knowledge of the law and the legal issues that can come into play in the criminal process, but also knowledge of the technical rules governing the criminal process.

Among the latter are the rules of evidence, which exist at both the federal and the state level. These laws don’t match up perfectly in every way, either, so an experienced attorney has to be aware of the nuances of each set of rules depending on whether they are handling a state case or a federal case. 

Among the latter are the rules of evidence, which exist at both the federal and the state level. These laws don’t match up perfectly in every way, either, so an experienced attorney has to be aware of the nuances of each set of rules depending on whether they are handling a state case or a federal case.

One example of the way federal and state rules of evidence vary is that, at the federal level, sexual assault allegations can be introduced into evidence in criminal trials, whereas they ordinarily cannot under the Maryland rules. Baltimore State’s Attorney Marilyn Mosby is currently on a mission to get legislation passed which would change that. As she claims, there are too many sex offenders who go free, and the measure would help prosecutors convict more offenders.

The measure, unsurprisingly, has its opponents. Among them is Senator Bobby Zirkin, who has argued that the modified rule would make it too easy for innocent people to be convicted and sent to prison.

In our next post, we’ll speak a bit more about this issue and the importance of working with an experienced criminal defense attorney to ensure one’s rights are protected in the criminal process. 

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Charles Waechter | Lawyer.com Premium
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