Yes, rap lyrics can be used as evidence in court. However, to enter lyrics into evidence, the prosecution must first show that the lyrics are directly relevant to the case at hand. The burden of proof is on the prosecution in this case, meaning that it is their responsibility to establish a plausible connection between the lyrics and the specific crime they are prosecuting you for.
If the prosecution fails to prove this link, our Philadelphia criminal defense lawyers can fight to have the lyrics suppressed so they cannot be submitted into evidence.
When Can Lyrics Be Used in Court?
Rap lyrics can only be used as evidence in court if the prosecution can prove those lyrics are evidence of a real-life crime. For example:
- If someone releases a rap song about robbing a convenience store a few months after they allegedly robbed a convenience store, the content and timing of the lyrics could make them admissible in court.
- If the lyrics include specific details, such as names or places, that are connected with the alleged crime, then the judge may allow the lyrics to be used against you.
- If the lyrics contain information that only someone connected with the crime could have known, such as the name of a witness or victim whose identity was not publicly reported, those lyrics might be considered admissible.
When Are Rap Lyrics Not Admissible in Court?
If there is no clear connection between the lyrics and a specific crime, then the judge should not allow those lyrics into evidence. For example, if the lyrics extol the supposed virtues of crime and of having a lot of money, these lyrics may be considered too general to have any bearing on the case.
Additionally, if the song was released years before the alleged crime took place, they are too old to be relevant, and the judge should not consider them.
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How to Stop Rap Lyrics From Being Used as Evidence
While rap lyrics can be used as evidence in court, they are not permissible in all circumstances. Our defense attorneys can determine if the prosecution intends to use rap lyrics against you by engaging in discovery, or the act of exchanging evidence.
If the prosecution does submit rap lyrics as part of their case, we can review these lyrics with you to determine if they might be relevant to the case at hand. If they are irrelevant, our criminal defense law firm can use several methods to try to convince the judge not to accept the lyrics into evidence. These methods include:
- Explaining why the lyrics are irrelevant. We can compare the lyrics to the known facts of the case.
- Arguing that this is an issue of freedom of speech. Musicians have a right to express themselves through their lyrics without having to worry that someone will use their work against them.
- Arguing the lyrics were acquired illegally. If the only reason the prosecution knows about the lyrics is because the police confiscated sheet music or CDs during an illegal search, they should not be allowed to use that evidence.
If the judge does not accept our arguments and says the lyrics are relevant enough to be used against you in court, we can:
- Highlight mitigating circumstances. Mitigation involves pointing out factors that can make the content of the lyrics seem less suspicious or incendiary. For instance, our Philadelphia assault defense lawyers might talk about a defendant’s difficult history with law enforcement and argue that the lyrics were a harmless form of self-expression, not evidence of a genuine desire to hurt police officers.
- Argue for reduced charges. Our legal representatives can fight to show that the lyrics and other evidence do not support the charges the prosecution has brought. We can suggest alternate, less severe charges that do not carry such heavy penalties.
- Aggressively question witnesses about the lyrics. Whenever the lyrics come up in questioning, we can take the opportunity to emphasize the differences between fiction and reality.
- Negotiate a plea. If we feel it is better to avoid a trial altogether, our legal team can meet with the prosecution and the court to see if they will let you plead guilty to lesser charges.
How to Handle Other Court Evidence in Your Case
The prosecution’s case against you will probably rely on more than just rap lyrics. They might have witnesses who claim they saw you commit the crime, photos or video that place you at the scene of the crime, or evidence collected from your home or car that supposedly confirms your guilt.
No matter what evidence the prosecution has or claims to have, you still have the right to a fair trial. Our defense lawyers can handle all evidence with the same diligence that we use to review the rap lyrics that the prosecution uses against you. That means:
- Questioning whether their expert witnesses meet the standards set by 225 Pa. Code Rule 702
- Questioning the reliability of their eyewitnesses and bringing in both eyewitnesses and character witnesses of our own to testify on your behalf
- Checking to make sure they acquired all of their evidence legally and did not resort to conducting improper searches or coercing a confession
- Hiring experts to counteract their experts’ testimony or to confirm the contents of any audiovisual footage the prosecution intends to use against you.
No matter what lyrics you have written or sung or that the police claim to have in their possession, you do not have to confess to any crime without speaking to our criminal defense attorneys first. We can protect you by suppressing irrelevant lyrics and fighting for you both before and during your trial.
Let Our Defense Attorneys Suppress Illegal and Irrelevant Evidence
Call the Law Offices of M.J. Snyder, LLC, today for a free consultation. Our legal team can tell you whether rap lyrics can be used as evidence in court in your case and make sure that no form of inappropriate evidence is used against you. We can also work to get the charges against you minimized or even dismissed completely.
