Criminal charges can quickly threaten to derail your life. After all, a conviction can lead to incarceration, devastating fines, damage to your reputation, and a criminal record that can make it difficult to secure employment and housing. With so much at stake you need to be prepared to put forth the strongest criminal defense you can develop. You might have several avenues open to you, even if the evidence against you seems insurmountable.
One of the most effective strategies, when appropriate, is suppressing evidence. Suppressed evidence cannot be used against you in court, meaning that successful suppression can destroy the prosecution’s case. This can increase leverage at the negotiation table, but can also lead to dismissed charges or an acquittal. So how do you go about suppressing evidence?
Logistically speaking, you’ll need to file a motion and have a hearing on a motion to suppress. To succeed at that hearing, though, you’ll have to show that the evidence fails to conform to legal protections afforded to you. One of the most common ways to prove this is to show that an illegal traffic stop or warrantless search and seizure that resulted in the collection of incriminating evidence occurred absent reasonable suspicion or probable cause, respectively. Illegal actions taken by the police taint evidence that is gathered afterwards, thereby justifying suppression.
If you want to pursue a criminal defense that seeks to suppress evidence, then you need to be able to gather evidence of your own and craft persuasive legal arguments that will support your position. This is not an easy endeavor. In fact, prosecutors and police officers often aggressively fight to protect their cases as well as any perceptions of wrongdoing. Therefore, you might want to move forward in these matters with a skilled legal advocate by your side who will fight to protect you and your rights.