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Role of Criminal Lawyers Mumbai in Getting the Evidence

Criminal lawyers play the most crucial role in getting the evidence during the trial. There are certain types of evidence which can be collected and not collected. Let’s find out more.

By Krutika ShettyPublished 2 years ago 4 min read
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A criminal lawyer must defend clients' rights and confirm that they have a fair possibility to access the criminal justice system. Their role is to represent those who have been charged or suspected of illegal activity and will work hard to ensure that their clients have a voice in the criminal justice system.

Seeking provincial recommendations will help lower commuting costs, although appointments with lawyers can now get made via online mode. However, there is nothing like a face-to-face engagement to give comfort and reassurance in difficult situations.

Experienced criminal lawyers Mumbai understand that clients may be facing some of the most critical times of their lives but will aim to provide them with the best achievable defense.

What types of evidence can be gathered?

Although it may sound compelling, collecting evidence takes place outside the courtroom and consists of lawyers sharing records and evidence. They can also meet face to face and ask other crucial questions. It is known as taking a memorandum.

If both parties argue whether evidence can get discovered, a judge may be required to interfere to settle the dispute.

The prevalent idea is that anything related to the lawsuit can get released during this finding process. If lawfully protected or privileged, the information may not get disclosed. Criminal lawyers in Navi Mumbai typically ask the following when investigating a lawsuit or conflict.

  • The identity of someone who might know something about the case or a witness who can confirm the details
  • Education and personal or professional ground of the witness
  • Any records related to the conflict
  • Precise information about how the business is run, especially as it relates straight to the litigation
  • Any information or activities the witness heard, saw or did pertinent to the case.

How does formal evidence gathering work?

Litigation involves four types of evidence gathering:

Testimonies: These are cases where one party and their lawyer lead a personal examination of the other party or a witness. The person responding to the questions will answer under oath, and their replies will get recorded. Sometimes the witness cannot be present in court, so in that case, the answers can be given directly to the jury.

Interrogatories: This approach involves parties answering written questions. The answers are given under oath and may get used at trial.

Requests for presentation of evidence: This means that one party asks the other party for physical proof. It collects documentation such as bills, contracts, medical records, and work files. Physical possessions can also get controlled using this finding method.

Requests for Access: Similar to testimonies, criminal lawyers in Navi Mumbai ask the other party to the case to answer straightforward questions under oath. But it is usually done precisely to get responses about the genuineness of documents and facts.

Limitations on some information that can be asked

The information that can get collected is comprehensive and nearly continuous as it pertains to litigation. However, there are some boundaries to what lawyers can ask (or demand) in the finding process. The limits must get respected because some lawyers try to gather evidence simply to trouble the opposing party, which is usually not accepted by the courts.

Confidential exchanges

Some discussions have legal protection. These sometimes include conversations between religious advisors and counselors, husbands and wives, doctors and patients, and lawyers and their clients.

Lawmakers and courts usually acknowledge that the free flow of information between these people should get protected. It means that it is not permitted to demand oral and written conversations from the above to get used as evidence, excluding in certain circumstances.

Keeping certain information confidential

Just because a party is directed to disseminate evidence during the finding process does not mean it can get shared publicly. The court can sometimes keep it confidential during the proceedings, and the party who obtained the information cannot share it. Information that should be kept confidential includes sensitive business documents, medications, and private financial information, and a judge can administer a "protective order" to keep the information covert.

Privacy rights of the Third-Party

The courts protect the witnesses and litigants' family members and acquaintances. Their privacy is a prerogative, so there are often limitations to how much litigants can know about them. Unless someone is a party to the lawsuit, their personal affairs should typically not be requested or used as proof.

Conclusion

Criminal lawyers Mumbai will be accountable for helping to obtain evidence that may lead to the removal or dismissal of charges and considering the evidence in a criminal case to attain the best results. They will examine the evidence to determine if it is valid and if it prejudices the allegations rendered against their client. If the defense lawyer assumes that the evidence is invalid or does not endorse the charges, they will work to settle the case as soon as possible.

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About the Creator

Krutika Shetty

Hey, I am a lawyer . If you are looking for any legal services. Law Firm is a full -service legal firm with its offices presently in Mumbai & Navi-Mumbai.

Contact us or visit our site now:https://kaleeyantey.com/

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