What is Real Evidence?
Hi, this is attorney Kevin Hayslett and the question is – What is real evidence as far as evidence that is admitted at trial in a criminal proceeding? Real evidence is considered evidence which is real or actual. For example, a knife or a gun in a murder case or a forged check in a forgery case. It actually is the evidence for which the charge of the crime is about. In order to be admissible, remember, that the real evidence or actual evidence first must be relevant. Which means that the Judge must determine that the evidence is relevant in order for it to be admissible. Secondly, it is has to be material, meaning that it is has to relate to the criminal charge which is being tried. Finally, it must be found by the Judge to be beneficial to the Jury in determining one of the elements of the crime. If all three criteria are met then the Judge can grant the evidence to be admissible, meaning the Jury can actually hold it and see it. So real or actual evidence is a thing; for instance, a murder weapon that is used as evidence in order to prove or to disprove a material fact.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.