Often a piece of evidence is Constitutionally admissible, but inadmissible according to the Rules of Evidence. Exclusion based on the Evidence Rules must frequently occur in the heat of trial. But when a criminal defense lawyer in Delaware is trying to take notes on a witness’s testimony, strategize how to use that testimony on cross-examination and analyze the testimony in light of the rules of evidence, the more pressing concerns of the impending cross-examination trump the critical thinking needed to put forth cogent objections. Motions in Limine are critical litigation tools employed by The Law Office of Brian Jones, LLC.
Studies have consistently concluded you can’t unring the bell. In other words, once a jury hears inadmissible evidence, they are unlikely to forget they heard it. In fact, the studies reveal an objection after the evidence has been heard makes the jury more likely to remember the inadmissible evidence. Many lawyers request the Judge give a “curative instruction” when evidence has been heard and then stricken due to its inadmissibility, but the “curative instruction” is even more likely to make the jury remember and consider the evidence.
Studies have consistently concluded you can’t unring the bell. In other words, once a jury hears inadmissible evidence, they are unlikely to forget they heard it. In fact, the studies reveal an objection after the evidence has been heard makes the jury more likely to remember the inadmissible evidence. Many lawyers request the Judge give a “curative instruction” when evidence has been heard and then stricken due to its inadmissibility, but the “curative instruction” is even more likely to make the jury remember and consider the evidence.
Many criminal defense attorneys wait until the week or even the day before trial to prepare for trial. At The Law Office of Brian Jones, LLC, we plan a trial strategy from the first day we meet a client. By planing a litigation strategy centered on the presentation of evidence at trial, questionably admissible evidence comes to light early in the process allowing for well-reasoned motion practice. You can count on our firm to thoroughly analyze the evidence the government intends to introduce at trial for its Constitutional and evidentiary admissibility.