December 4, 2014
When preparing for your trial, your attorney will closely review your case files, including your police report. While reviewing the facts, your attorney may notice that some of the evidence against you was obtained as a result of illegal or unconstitutional police activity. If this is the case, then your attorney may file motion to suppress the evidence.
What Does it Mean If Evidence Is Suppressed?
When evidence is suppressed, it can no longer be used against you in your case. This means that this evidence will no longer be part of your trial. This could mean less for your case if the prosecution has additional evidence against you, or it could result in your case being thrown out entirely.
What Evidence Can Be Suppressed?
Evidence is suppressed as a way of upholding the constitution, and ensuring police are acting in a responsible manner. Therefore, any evidence obtained through illegal means can be suppressed. Some common examples of situations that could lead to suppression of evidence include:
- The evidence was gathered as a result of an illegal stop and seizure
- The defendant did not give consent to be searched, and there was no legal grounds to search the defendant
- The evidence was acquired by way of “fruit of the poisonous tree”
- The defendant was not read their Miranda Rights during a custodial interrogation after being arrested, and then gave an incriminating statement that is being used as evidence
These are just some common examples of illegal police activity that may lead to evidence being suppressed. If you are wondering whether evidence in your case can be suppressed, the best thing you can do now is speak with an attorney.
Motion to Suppress Hearing
Once your attorney has established that the evidence against you should be suppressed, they will file a motion to suppress with the court. From that point, there will then be a hearing to determine if the evidence should be suppressed. There will be no jury, only you and your counsel, the prosecution and a judge. Both sides will present their arguments to the judge who will then decide whether or not to grant the motion.
Contact KLG Today
Navigating the court systems can be confusing if you are unfamiliar with criminal law. When you are facing jail time, you want someone on your side to guide you through this difficult process. By hiring an attorney, you will have someone on your side, fighting for your rights. If you or someone you know has been arrested, call the Khonsari Law Group today for a free consultation. We will fight vigorously for your case and your freedom. Contact KLG today and discover the difference an experienced criminal defense attorney can make.