While everyone seems to be buzzing about the flaws in the criminal justice system that have been exposed in the Netflix documentary Making a Murderer, the top Stamford and Greenwich Connecticut criminal defense lawyers and attorneys are not so surprised. Alibi and DNA defenses have been saving the lives of defendants for years, but when a case like Steven Avery’s is packaged so compellingly to the masses as it has been in the Making a Murderer series, it’s finally causing ordinary law-abiding citizens to ask themselves critical questions…
Does this really happen? Do innocent men and women really go to jail? And can an alibi or DNA defense really save a life and win a case?
The real-life story behind the Netflix Making a Murderer documentary series focuses on Steven Avery, who was convicted of sexually assaulting a Wisconsin woman, despite having numerous alibis. He served 18 years in prison, until Barry Scheck’s Innocence Project intervened and presented prosecutors with DNA evidence that unequivocally proved his innocence. He was released from jail and sued Wisconsin police and prosecutors for $36 million as a result of his mistaken incarceration.
Soon after he filed this bombshell lawsuit, however, he was arrested for the murder of a Wisconsin photographer and convicted of this murder in 2007, a conviction that has been second-guessed and under severe scrutiny. Many Avery supporters have argued that this conviction was “manufactured” by Wisconsin authorities in retaliation against Avery for bringing his civil lawsuit against the police and prosecutors and for trying to expose alleged corruption. At the very least, the show has started a conversation nationwide, as well as sparking debates among the best Greenwich, Stamford, Darien and Westport Connecticut criminal attorneys and lawyers about basic principals of due process, police and prosecutorial misconduct, and DNA evidence. As the masses of Netflix subscribers are now learning, the criminal process can sometimes mirror a UFC Octagon battle, rather than the smooth and storybook “Law & Order” dramas people are expecting to see.
Many of the best Connecticut criminal lawyers and attorneys in Stamford, Darien, Greenwich and Wilton Connecticut know exactly how to preserve and prepare alibi and DNA defenses. Digital and electronic evidence such as cell phone tower records, and video surveillance evidence—that can often get overwritten in 30-60 days—must be preserved by court order. This means that your top Stamford, Danbury or Greenwich Connecticut criminal lawyer attorney must file preservation motions with the court almost immediately after your arrest to ensure that no digital evidence gets overwritten, lost or destroyed. You cannot trust the police and law enforcement to investigate your alibi or preserve your exculpatory evidence. That burden often rests on you and your top Connecticut criminal law firm to timely file the most appropriate motions with the court so this evidence can be examined by your defense team and possibly used to get your criminal charges dismissed. Thus, preserving digital cell phone and video surveillance evidence must be a priority for your top Connecticut criminal lawyer.
What the Making a Murderer series suggests is that police and prosecutors had a “conflict in interest” in prosecuting Mr. Avery on the new murder charge. Conflicts of interest, as well as police and prosecutorial misconduct, may not happen often, but it certainly can happen anywhere in the country, and you will need to rely upon your top Danbury, Stamford or Norwalk criminal lawyer attorney to vet out whether the rules of court and the rules of police investigation were properly followed and strictly complied with by law enforcement officers and attorneys working on your Connecticut arrest. While it may be uncomfortable for you to challenge a police or prosecutor, you should know that there real rights and remedies are available to you under Connecticut law to protect you. So if you believe you are a victim in Connecticut of police brutality, police corruption, or prosecutorial misconduct, you should call any of the best criminal law firms in the State of Connecticut to investigate and protect your rights (especially if you are entitled to money damages in a police corruption federal civil rights 1983 Connecticut personal injury lawsuit).
If you have been arrested for a felony or misdemeanor in the Stamford, Greenwich, Danbury or Norwalk Connecticut criminal courts, it’s always a good idea to hire a criminal law firm to defend you, not a real estate or personal injury law firm who dabbles in the criminal courts. The stakes are just too high not to hire a top Connecticut criminal law firm that has years of experience in defending felonies and misdemeanors. So vet out your Connecticut criminal law firm, read about them online and ask them for references. You need to make sure your lawyer is prepared for every curveball and has the experience commensurate with the severity of your Connecticut criminal charges.
You can call any of the experienced Connecticut criminal lawyers at the Law Offices of Mark Sherman for a consultation today. While the revelations of the Making a Murderer show are usually the exception, not the norm, in a criminal prosecution, it’s critical to drill down on the police reports and procedures of your case to make sure your rights are protected. So give us a call at (203) 358-4700 to discuss how we can help you.