What Makes Evidence in an NC Criminal Case Inadmissible?

A basic principle of the U.S. criminal justice system is that a prosecutor must prove guilt beyond a reasonable doubt to convict someone accused of a crime. Evidence is the foundation for meeting this burden, and it’s also essential to the defense of an accused individual.

If you’ve been charged with a crime in North Carolina, understanding what makes evidence inadmissible—and how to keep it out of your case—could make a critical difference in your defense.

At Randall Law, Criminal Defense Attorneys, we are well-versed in the North Carolina Rules of Evidence and the constitutional protections that apply to criminal cases. To learn more about how we can help with your case, please contact our Charlotte office to set up a free consultation with a North Carolina criminal defense attorney.

Call us today at (980) 237-4579, or our online contact form to schedule a free case consultation today.

What Is Inadmissible Evidence?

Inadmissible evidence is any information that cannot be legally presented in court due to a violation of evidentiary rules, constitutional rights, or state and federal statutes. The starting point for the admissibility analysis is the North Carolina Rules of Evidence, which provides that information is generally allowed unless it contradicts your constitutional rights, state or federal statutes, or the Rules themselves.

Constitutional Protections That Affect Evidence

Your constitutional rights limit how the government can investigate, gather, and present evidence against you. Two key protections that often lead to the exclusion of evidence include:

1. Unlawful Search and Seizure

Under the Fourth Amendment of the U.S. Constitution and the North Carolina Declaration of Rights, you are protected from illegal searches and seizures. If law enforcement collects evidence without a valid warrant, probable cause, or an applicable exception, your defense attorney can challenge its admissibility.

2. Protection Against Self-Incrimination

The Fifth Amendment gives you the right to remain silent and not incriminate yourself. Any statement you make without being properly advised of your rights (Miranda warning) or under coercion may be inadmissible in court.

Common Types of Inadmissible Evidence

These regulations address admissibility from a technical standpoint, and many may sound familiar:

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In most cases, it’s not admissible—unless it falls under one of many legal exceptions.

Prior Bad Acts or Other Crimes

Evidence that a defendant committed other crimes or bad acts in the past is generally not allowed to prove they committed the crime they’re currently charged with. However, such evidence may be used for limited purposes, such as showing motive, intent, or a pattern of behavior.

Statements Made During Plea Negotiations

If you enter into plea discussions with a prosecutor and later decide not to plead guilty, any statements made during those negotiations typically cannot be used against you.

Of course, there are many other rules regarding admissibility of evidence in a criminal matter, but these are the issues that arise frequently.

Direct vs. Circumstantial Evidence: What’s the Difference?

Understanding how evidence is categorized can help you better grasp how it might be used—or excluded—in a criminal case. In North Carolina, evidence generally falls into one of two categories: 

Direct Evidence

Direct evidence proves a fact without the need for any inference. It directly supports a key element of the case, such as identity or intent.

Examples:

• A witness testifying that they saw the defendant commit the crime.
• Video footage showing the act in progress.
• A signed confession by the accused.

This type of evidence is powerful, but it must still meet legal standards—such as being obtained legally and presented properly—to be admissible.

Circumstantial Evidence

Circumstantial evidence requires the judge or jury to make an inference in order to connect it to a conclusion about the facts of the case.

 Examples:

• The defendant’s fingerprints found at the crime scene.
• A motive to commit the crime (e.g., financial gain).
• The defendant being near the scene shortly before or after the crime occurred.

While some people mistakenly believe circumstantial evidence is weak, it can be just as persuasive as direct evidence—if it meets evidentiary standards.

Can Both Be Inadmissible?

Yes. Whether evidence is direct or circumstantial, it may still be excluded if it was obtained unlawfully, is unfairly prejudicial, or violates the North Carolina Rules of Evidence.

How Evidence Is Challenged in Court

Even if certain evidence appears to violate the rules, it won’t be excluded automatically. Your attorney must take action—usually by filing a motion to suppress—to ask the court to rule on its admissibility. These motions are often resolved in pretrial hearings, long before the case goes to trial. However, objections can also be raised in real time during trial, typically when a lawyer stands and states a legal basis for excluding the evidence.

This process requires a deep understanding of evidentiary law and courtroom procedures, which is why experienced legal counsel is essential.

Why You Need a Lawyer to Challenge Evidence in a Criminal Case

The rules around inadmissible evidence are complex, and mistakes can be costly. A skilled criminal defense lawyer will know how to identify improper evidence, raise timely objections, and argue persuasively to keep damaging or illegally obtained information out of your case.

At Randall Law, Criminal Defense Attorneys, we fight hard to ensure our clients’ constitutional rights are upheld at every step. From challenging police misconduct to filing motions to suppress evidence, we take a proactive approach to building your strongest possible defense.

Trust Our North Carolina Criminal Defense Attorneys to Protect Your Rights

You can see that the rules regarding inadmissible evidence are complicated, which is why it’s smart to rely on an experienced lawyer to assist with your case. Our team at Randall Law, Criminal Defense Attorneys is dedicated to advocating on your behalf, so we’ll fight to keep improper information out of the courtroom. Please call our Charlotte, NC law office at (980) 237-4579, or check out our online contact form to schedule your free appointment today.