Being charged with a crime can be downright terrifying. Even if you know you’re innocent, there may be significant evidence against you, and you’ll be completely justified in worrying about what the future holds for you. Sometimes, you’ll be able to find exculpatory evidence that proves your innocence, but this isn’t always available, even if you had nothing to do with the crime in question.
If you’re accused of a crime, and all the evidence seems stacked against you, it may feel like there are no options. But you might be able to prove your innocence, or at least fight for a reduced charge, if you’re able to find and argue procedural errors.
But what exactly are procedural errors in the legal space and how can they help you escape conviction?
What Is a Procedural Error?
A procedural error is a mistake and a deviation from standard criminal procedures. It can occur at almost any step of the process, from initial conversations with police officers to your actual trial in court.
In this country, we have very strict rules and guidelines for criminal procedures to avoid mistreating and misjudging people. If even one of these rules is broken in a meaningful way, it could eliminate a piece of evidence against you, put pressure on the prosecution to negotiate, or even entirely exculpate you.
Unfortunately, procedural errors are common. But if you’re currently in a precarious situation, that reality might just work in your favor.
What Procedural Errors Can Help You Escape Conviction?
These are some examples of procedural errors that might help you escape conviction in certain circumstances:
- No reasonable suspicion/no warrant. For starters, you might be able to show that police officers had no warrant for your arrest and no reasonable suspicion that you’ve committed a crime. In most jurisdictions and under most circumstances, police need to have a good reason before they pull you over, enter your house, or arrest you. Without that good reason, they might have to let you go.
- Chain of custody issues. You might also be able to pinpoint chain of custody issues. Law enforcement officers and other authorities need to be extremely careful with how they log and maintain evidence; if there are any mistakes in this process, it could work in your favor.
- Failure to be read Miranda rights. We’ve all seen and heard Miranda rights read in movies and TV shows. You probably know most of them by heart. But in most situations, arresting officers are required to read you these rights; otherwise, it could constitute a significant procedural error. This is not true if you deliberately waive your rights.
- Rights violations. More broadly, if your rights are violated in any significant way, it could lead to the charges against you being dropped. For example, if you were mistreated or assaulted during your arrest, or if you weren’t given a lawyer despite repeated requests to obtain one, you might find yourself in a favorable position.
- Eyewitness errors. Eyewitnesses are notoriously unreliable, yet they still play a common role in criminal proceedings. If you were misidentified by an eyewitness, that might be enough to exculpate you entirely.
- Forensic issues. There can also be issues with forensic evidence against you. Any errors with how this evidence was handled or tested could help you escape the situation.
- Incomplete documentation. You may also be able to pinpoint issues within complete documentation. If your arrest isn’t logged or documented thoroughly, or if there are documentation issues associated with the evidence against you, you might qualify for exculpation or dropped charges.
- Ineffective counsel. Hopefully, you’ll have a great lawyer at your side from the very beginning of the process. But if you end up with ineffective counsel, and their advice negatively affects you and your case, you might be able to appeal or get a retrial.
- Erroneous jury instructions.Erroneous jury instructions can also qualify as a procedural error. Jury members need information and context to judge the situation accurately, but if they aren’t given proper instructions, they may find you guilty unnecessarily.
- Prosecutorial misconduct. You may also be able to raise an issue of prosecutorial misconduct. If prosecutors don’t handle evidence responsibly or don’t argue their case in accordance with standards, you might be able to appeal.
- Juror misconduct. You may have a similar opportunity if you discover juror misconduct. However, this is rare and often difficult to prove.
Do keep in mind that just because there was an error in your criminal proceedings doesn’t mean that you’re necessarily going to be exculpated. Still, with the help of a good lawyer and an attentive eye for detail, you might be able to eliminate certain pieces of evidence against you and raise a better defense.