We often get questions about what counts as evidence in a criminal case. Whether you’re facing charges of DUI, drug possession, theft, or assault, the outcome of your case will largely depend on the evidence the prosecution can present and how well your attorney can challenge it. So what exactly can be evidence in a criminal case? Almost anything that helps prove or disprove a key fact, as long as it’s relevant, reliable, and admissible under Oklahoma law.
Types of Evidence Used in Criminal Trials
There are several types of evidence in Oklahoma, including:
1. Physical Evidence
This is any tangible item with a relation to the alleged crime, such as:
- Weapons
- Drugs or paraphernalia
- Stolen property
- Surveillance footage
Physical evidence often plays a critical role, especially when there is a connection to the defendant through forensics or chain-of-custody documentation.
2. Documentary Evidence
These are written or recorded materials that support one side’s version of events, such as:
- Text messages, emails, or social media posts
- Police reports
- Medical records
Documentary evidence can confirm timelines, show motives, or contradict a defendant’s statements.
3. Testimonial Evidence
This is evidence from witnesses under oath—either in court or through recorded depositions. Common types of witnesses include:
- Eyewitnesses who saw the crime occur
- Victims of the alleged offense
- Law enforcement officers who investigated or made the arrest
Testimonial evidence often goes alongside physical or documentary proof to paint a fuller picture of what happened.
4. Digital Evidence
Digital information is increasingly common in criminal cases, and include:
- GPS data
- Internet browsing history
- Body cam or dash cam footage
- Home security video
- Messages or photos from apps (Snapchat, Facebook, etc.)
Even if you delete data, it may be recoverable by forensic specialists.
5. Confessions and Statements
If a defendant makes a statement to the police, that can be powerful evidence—but only if police obtain it legally.
Oklahoma courts may suppress a confession if:
- The defendant was not read their Miranda rights
- The confession was coerced or given under duress
- The defendant was intoxicated or mentally incapable of understanding the consequences
A skilled defense attorney can review how the statement was obtained and challenge its admissibility if necessary.
What Makes Evidence “Admissible”?
Not all evidence is useful in court, so be admissable in an Oklahoma criminal trial, evidence must be:
- Relevant – It must make a fact in the case more or less likely to be true
- Reliable – It must be authentic and trustworthy (e.g., not altered or faked)
- Lawful – Courts may dismiss evidence from illegal searches or seizures under the Fourth Amendment
This is where your attorney plays a crucial role—by filing pretrial motions to suppress evidence that was in violation of your rights.
Tulsa Criminal Defense Attorneys
If you’re facing charges, don’t assume the evidence against you is unbeatable. If you need help, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.