When you’re accused of a crime, one of your first steps should be assessing the prosecution’s evidence. Once you do so, you might feel like the prosecution has you backed into a corner. But don’t be so quick to give up on your criminal defense. Depending on the facts of your case, you might be able to block the prosecution from using their most powerful evidence against you.
How evidence suppression works
If you can show that the police violated your rights when they collected evidence, or the evidence they intend to present is unreliable, then you might be able to successfully ask the court to prevent the prosecution from presenting it at trial. Here are some circumstances that may warrant a motion to suppress:
- Evidence was collected after an illegal traffic stop.
- The police illegally utilized an exception to the warrant requirement.
- The warrant utilized by the police was fraudulently obtained.
- The police exercised a search in excess of the applicable warrant’s scope.
- The police secured incriminating statements from you during a custodial interrogation without reading you your Miranda
- Physical evidence was mishandled, stored incorrectly or subjected to faulty testing procedures.
There are other ways to block the prosecution’s evidence, too. For example, you might be able to prevent a witness from testifying against you depending on the circumstances of your case and their compliance with appearing when subpoenaed.
Use aggressive legal tactics in your criminal defense
Given that your freedom and your future are on the line, using assertive criminal defense strategies is necessary. But you won’t know how to zealously advocate for yourself if you don’t know the law. So, be sure to discuss your case with your attorney to craft the persuasive legal arguments best aimed at beating the prosecution’s allegations.
