The Role of Evidence Suppression in Winning Criminal Defense Cases
Charges are filed against a person; his/her criminal record, political career, personal and financial integrity are the first things deciding the fate of the entire deal. However, there are certain instances where some evidence has been obtained illegally or in violation of the rights of the person dealing with the case. That is, in this case, how the violation of Constitutional guarantees comes into play. In the state of Minnesota Personal Injury Attorney is obligated to protect the rights of a person who has been in an accident, and so does a criminal defense lawyer who specializes in suppressive evidence.
What is An Example of Evidence Suppression?
Evidence suppression occurs to be the claiming argument on unproven evidence that is supported by case law, statutes, and a court decision that is pertinent to the case. The defendant having the burden of proof will legally and persuasively argue that the evidence will be obtained by unreasonable search and seizure as governed in the Fourth Amendment. The evidence as collected by the police and/or the investigators is not within the legal jurisdiction. Evidence that is collected unethically is said to be unsubstantiated proof and thus stands as evidence that is not legally acceptable.
Some types of evidence that can be suppressed are:
- Any of your belongings that were taken or ‘seized’ in an illegal search of your home, car, or stored items
- A confession that is taken even if Miranda rights are not recited
- Any evidence collected without a probable cause or a warrant
- Any evidence that comes from interrogation by threats or coercion of any kind
Why Evidence Suppression Is Important in a Criminal Case
1. It Maintains Constitutional Rights
One of the values of evidence suppression is maintained is your constitutional rights. These walls are taken seriously, and if law enforcement crosses the line, evidence suppression is there to protect the outraged.
2. It Weakens the Evidence in Support of the Crime
Many times, the prosecutor is able to prove the case because of the physical evidence, electronic evidence, and even the statements made by the accused. However, in the case where a defense lawyer is able to suppress the vital evidence, the prosecution may not be able to prove the case any further. As a result, the charges may be lowered or even dropped entirely.
3. It Is More Equitable
Prosecutors are often able to do a lot with the resources that they have. Evidence suppression is one of those things that balances the amount of evidence the defense can collect in order to protect against abusive or unethical means of investigation.
Why Evidence Can Be Disregarded
Illegal Searching and Seizing
When police officers check a place and take something without a warrant or without probable cause, any evidence that they take can be claimed unverified or unsubstantiated in a court of law. In most cases, defense attorneys pay attention to the minutiae of searches to find and expose violations.
Careless Disposition of Evidence
The “chain of custody” refers to evidence that has been recorded, stored and presented. If any part of the evidence has gaps or inaccuracies, its reliability is called into question and may be disregarded.
Violation of Miranda Rights
On any criminal case, the defendants are meant to receive rights of custody interrogation. In circumstances where the police do not read the Miranda Rights, any kind of statements made because of that may not be part of the trial.
Confessions Obtained Under Duress
Any statement made without a person’s full acceptance, and is coerced, is not evidence. In order to ensure that no innocent person is found guilty, the court will set aside any confession that has been coerced.
How Defense Attorneys Utilize Evidence Suppression
A criminal defense lawyer has to look at the arrest, probe regarding the evidence and their subsequent handling in detail. Here’s the way they take advantage of suppression and ensure success in their case:
- Filing a Motion to Suppress – The lawyer goes ahead and requests the court to exclude particular evidence attached to the case.
- Challenging Legality – The lawyer will go ahead and defend the case by showing how evidence was not properly procured.
- Cross-Examining Witnesses – These investigations can focus on what actions any officers may have taken and if they followed the steps correctly, or if there are any gaps or discrepancies that need clarification on.
- Negotiating for Reduced Charges – If vital evidence is excluded, the next move by the prosecutor is to extend a plea bargain that is far more favorable than usual.
- Securing Dismissal – Lack of evidence that is admissible can, on the other hand, entirely dismiss the case.
The Impact of Evidence Suppression on the Real World
The role of evidence suppression in some scandalous cases is crucial. Evidence of warrantless and unreasonable searches, or in some cases, obtained confessions or faulty forensic proof, by themselves, would be sufficient for a conviction to be quashed. These exemplars stress the necessity of keeping the defenders on guard and drawing the police to the cross of the shield.
The impact, even in some other random cases, is so strong that rather than getting locked up for years, the person is set free. Evidence suppression in such cases goes on to the credit of the defense advocate, but more importantly, the legal system is configured in a way that upholds justice.
What Makes You a Competent and Reliable Criminal Defense Attorney
In cases of evidence suppression, it is crucial to have a full understanding of the defendant’s constitutional rights, what procedures are followed in criminal cases, and the cunning tactics used in a courtroom, which in the case of evidence suppression, are highly specialized and require a defense which is not easily accessible. In such situations, the defense is more likely to lose and such cases become easy pickings for the prosecution.
A defense lawyer who specializes in the suppression of evidence will try to:
- Find out if certain evidence was collected illegally
- Defend against the prosecution in a timely manner
- Develop a defense that is consistent with the particulars of your case
- Defend your interests during all phases of the criminal procedure
Conclusion
Criminal lawyers know that the suppression of certain evidence can alter the course of a criminal defense case. Legal defense practitioners know that if certain evidence is provided that is claimed to have been obtained illegally, the practitioner still has a duty to defend the constitutional rights of the client. If the criminal charges against you are serious, a practitioner with the right level of skill has to be found in order to make sure that other possible defense strategies are exhausted.
Similar to how Minnesota DWI + DUI Attorneys use evidence suppression to contest unlawful traffic stops and improperly conducted sobriety tests, evidence suppression can be the key to obtaining justice in a multitude of criminal cases.
