It may have happened in New York, but Wisconsin residents will want to hear this story about the civil rights of defendants and how one police officer attempted to circumvent the criminal defense process with fake evidence. The story stems from a trespassing case against a young high school student who hopped a fence and landed on the property of a private party.

The officer who witnessed the apparent crime confirmed in an affidavit that he saw the high school student leap over the fence and the courts backed his testimony, handing the 9th grader a probationary sentence of 12 months.

However, it was later discovered that the officer did not witness the incident, and a New York appeals court reversed the decision made by the original family court. One justice who was part of the new ruling detailed the decision by the appeals court panel.

"Under the circumstances of this case, we conclude that the attesting officer's execution of the defective affidavit, submitted as the primary support for the institution of this juvenile delinquency proceeding, constituted exceptionally serious misconduct of law enforcement," he said.

That wasn't the end of his criticism, though. Calling it "a grave risk to the assurances of due process," the justice made it clear that upholding the original ruling was not in the interest of the justice system, nor did it set the right precedent.

Details such as invalid evidence can be uncovered by a professional attorney with a wealth of experience defending those accused of a crime. Seek the guidance and support offered by a reputable lawyer if you find yourself in a criminal defense situation.

Source: Reuters, "Latent error can sink juvenile case: NY appeals court," Jessica Dye, Feb. 10, 2012