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What you need to know about evidence suppression

On Behalf of | May 31, 2024 | CRIMINAL LAW - Criminal Law

The physical evidence the prosecution has mounted against you can be intimidating. But just because they have evidence doesn’t mean it’s admissible. For the prosecution to use physical evidence against you at trial, they must demonstrate that the evidence is what they claim it to be and that it was legally collected. They should also show that they maintained it in a way that didn’t compromise its validity and reliability.

If the police or prosecutors have made a mistake in your case, you might be able to use it to your advantage. In fact, their errors might allow you to block the prosecution from presenting otherwise incriminating evidence against you. This is known as evidence suppression.

When can you suppress evidence?

There are common actions taken by police that can lead to successful evidence suppression. This includes:

  • Conducting an illegal traffic stop and subsequently seizing incriminating evidence.
  • Conducting a search outside the scope of a validly issued warrant or misusing an exception to the warrant requirement.
  • Coercing you to consent to a search.
  • Failing to read you your Miranda rights before subjecting you to custodial interrogation.
  • Failing to properly store and calibrate breath test machines.
  • Improperly collecting and transporting evidence.

If any of these situations apply to your case, then filing a motion to suppress might be a powerful way to damage the prosecution’s case, protect your rights, and give you a fighting chance to salvage your future.

Fight to protect your freedom and your future

There’s a lot at stake when you’re charged with criminal wrongdoing. To protect yourself as much as possible, you need to know the law and how to navigate it in a beneficial way. If that’s something you need help with, then it might be wise to seek out any guidance that you may need.