If you let police question you while you are in custody, they might say that they caught you red-handed, they have a smoking gun, and there is no room for reasonable doubt about your guilt. They do this to bully you into pleading guilty or even confessing to a crime that you did not commit. If you are wise enough to exercise your right to remain silent, then prosecutors may try to use this line at your trial, but at this point, you are in a much stronger position because you also have the right to present defenses. There is more than one possible interpretation of every piece of evidence, no matter how incriminating the state claims it is.
A Texas criminal defense lawyer can help you think clearly about defenses if the state claims to have found a smoking gun that proves your guilt.
Can There Be a Smoking Gun in a Nonviolent Crime Case?
In the context of evidence, "smoking gun" is just an expression; it does not have a recognized legal definition. It just means a piece of evidence that proves a defendant's guilt beyond a reasonable doubt. The expression gained popularity in the 1890s after the publication of a detective story where a witness claimed to have seen the murder weapon, a pistol, next to the murderer, still smoking because the murderer had just fired it. In real life, it would be unlikely for a witness to see a smoking gun without also witnessing the murder. During the Watergate scandal in the 1970s, President Nixon chose to resign after the release of an audio tape that contained evidence so incriminating that he thought he would have no chance of being acquitted at his impending impeachment trial. In a criminal case, no matter the criminal charge, a smoking gun is any piece of evidence that the prosecution believes will leave the defense speechless.
The Difference Between a Smoking Gun and Smoke and Mirrors Depends on the Jury
In a criminal case, the jury can only return a guilty verdict if all 12 jurors believe that there is no reasonable doubt that the evidence presented at trial connects the defendant of the crime. Before the trial ends, both the prosecution and the defense make closing arguments in which they reiterate their own interpretation of the evidence presented during the case and attempt to cast doubt on the evidence presented by the opposing side by offering alternate interpretations of it. For example, maybe it wasn't a smoking gun that had just been fired. Maybe it was a toy pistol at a Wild West-themed rave, and the smoke was from a nearby smoke machine that was there to add to the party atmosphere.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you cast doubt on the prosecution's evidence against you, no matter how confident the prosecutors seem. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.