What is a motion to suppress evidence?

handcuffs evidence form gavel

If you are charged with a criminal offense, you will be subjected to an array of harsh penalties. Additionally, when charged with a crime, you will have to undergo a criminal proceeding. In this proceeding, a judge and jury will determine whether you are guilty of committing a crime and the appropriate consequences for your violation of the law. To prevent harsh penalties, it is critical to have the right legal representation. With years of experience, a determined Camden County Criminal Defense Attorney can use different defense tactics such as filing a motion to suppress evidence to help you achieve a favorable outcome. Please follow along to learn how motions to suppress evidence can help your case. 

How can a motion to suppress evidence help my criminal case?

When you are charged with a crime, an experienced attorney will apply various defense tactics to defend your rights and interests to prevent harsh penalties. One of the most commonly used tactics by attorneys is filing a formal motion to suppress evidence. Essentially, this is a request made to a judge to prohibit the prosecution from using certain evidence against you during a trial. If granted, this can be extremely beneficial for your case as the prosecution may not be able to make a case against you. This can lead to dismissed charges.

Furthermore, there are only certain grounds on which a defense attorney can request that certain evidence be thrown out and excluded from being presented during a trial. Typically, the main grounds used for evidence exclusion are illegal searches and seizures and a lack of a warrant. Under the Fourth Amendment to the United States Constitution, all persons have the right to be free from unreasonable searches and seizures. To legally conduct a search and seizure, police officers must obtain a warrant. If they do not have a warrant or probable cause any evidence recovered at the time of the arrest is therefore unlawful and cannot be used against you in a court of law. If certain evidence is not allowed to be presented and heard during the trial it can weaken the prosecution’s case against you. Ultimately, this can result in reduced or dismissed charges.

What types of evidence may be excluded from a criminal proceeding?

When an attorney files a formal motion to suppress certain evidence from being presented at trial, there are only certain types of evidence that can be excluded. The following include but are not limited to some of the evidence that may be excluded from being heard at trial:

  • Blood alcohol concentration (BAC) results
  • Blood test results for controlled substances
  • Confessions
  • Witness testimony
  • Financial records
  • Written statements and statements from illegal wiretaps
  • Photographs, audio recordings, and video footage

If a qualified attorney files a motion to suppress certain evidence, it could significantly benefit your case as it can get any of the above-listed evidence thrown out which can make it harder to prosecute you.

If you have been charged with a crime, it is imperative to retain the legal services of a skilled Camden County criminal defense attorney who can defend your rights and interests.

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