If your lawyer believes that there is an issue with the evidence that has been presented against you, they may file what’s known as a motion to suppress. If granted, this means that the evidence in question would be not be able to be used against you to build the prosecution’s case. But why would evidence ever not be allowed in court? We explain why a motion to suppress may be granted in today’s blog.
Motion To Suppress
Simply put, a motion to suppress is a legal move you can make if you have reason to believe that the evidence in question was obtained illegally. Typically this means that you believe your Fourth or Fifth Amendment rights were violated during the collection of this evidence. Some common rights violations that could lead to a successful motion to suppress include situations where:
- Officers did not have reasonable suspicion to stop your vehicle.
- Officers lacked probable cause that a crime had occurred.
- The officers did not have a valid search warrant.
- The officers went beyond the constraints set forth in the search warrant.
- The officers failed to advise you of your Miranda Rights before interrogating you.
- The evidence contained a chain of custody violation.
- Evidence collection equipment had not been serviced at proper intervals.
Oftentimes a motion to suppress is aimed at physical evidence, like drugs found at the scene, a firearm found at the home or photos and videos stored on a phone. However, physical evidence is not the only type of evidence that can be suppressed from trial. Your lawyer may also motion to have a confession or identification testimony suppressed from the record if they believe that a confession was illegally coerced or if there was problems with how a police lineup was conducted.
A motion to suppress is just another of the many reasons why it pays to have an experienced criminal defense lawyer handle your case. Most individuals who attempt to represent themselves at trial would not be familiar with a motion to suppress or other valuable courtroom tools, and that can make all of the difference in your criminal case. Don’t make it easier for the prosecution to make their case because you tried to take on the state by yourself.
If your rights have been infringed throughout the criminal process, you need to have that evidence suppressed. Let an experienced criminal defense attorney lay out all the facts and ensure you get the justice you deserve. For more information, or for help with a different criminal issue, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
