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Suppressing evidence could be key to your criminal defense

On Behalf of | Nov 6, 2023 | Criminal Defense

When the state files criminal charges against you, they have evidence to back up their allegations. Some of this evidence will be in the form of witness testimony, but the prosecution will also probably try to present physical evidence to incriminate you. If you want to maximize the chances that you’ll be able to beat the charges levied against you, you need to try to find a way to block that damaging evidence from being used against you.

Can you block the prosecution’s evidence in your case?

It depends on the facts, but there are legal strategies that you can use to try to suppress the prosecution’s evidence. Here are some of the circumstances that may allow you to suppress or otherwise block the prosecution’s evidence:

  • You were subjected to a traffic stop that lacked the required reasonable suspicion, thereby making the stop and any subsequently seized evidence tainted with illegality.
  • The police conducted a search pursuant to an invalid or illegal search warrant.
  • The police misused an exception to the search warrant requirement.
  • Evidence was mishandled or stored improperly after collection, thus drawing its validity into question.
  • Testing equipment was improperly calibrated or errantly used on a piece of evidence.
  • The prosecution’s witnesses fail to appear at depositions even though they’ve been subpoenaed to do so.

Take an aggressive approach to your criminal defense

To protect yourself as fully as possible in your criminal case, you need to assess every defense strategy at your disposal. This includes evidence suppression, which, if used, can be a powerful way to derail the prosecution’s case. If you’d like to learn more about this process or how to craft the most persuasive criminal defense under your set of circumstances, then we encourage you to have further discussions about the matter with your attorney.