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How a motion to suppress evidence could affect your criminal case

On Behalf of | Dec 15, 2022 | CRIMINAL LAW - Criminal Defense

During the pretrial hearing stage of a trial, the defendant or their defense can file a motion to suppress evidence. The motion aims at excluding specific evidence from the trial proceedings.

If the judge grants the motion, the affected evidence will not form part of the trial, and the prosecution will not use it against you. Such an outcome could significantly affect the direction of your criminal case. It may be hard for the prosecution to prove your guilt beyond a reasonable doubt when critical evidence is excluded from trial.

Common grounds to file a motion to suppress evidence

A motion to suppress is not a question of your innocence or guilt. As such, it is worth looking into the admissibility of the evidence against you in court, even if you believe the prosecution has a watertight case.

For instance, the police may have obtained the evidence through an illegal search and seizure or in violation of your constitutional rights. The court can exclude such evidence from the trial since it was obtained illegally.

Similarly, a confession obtained as a result of a Miranda violation or mistakes in the chain of custody that compromise the integrity of the evidence before the court could lead to exclusion from trial.

Getting help with your criminal case

Evidence suppression sometimes involves complex constitutional matters. Therefore, it is worthwhile to have expert guidance in spotting the legal grounds that can form the basis of a motion to suppress.

If successful, a motion to suppress can boost the prospects of a desirable verdict for your criminal charges. There is a likelihood that the prosecution will reduce your charges or even drop them if the judge excludes crucial evidence from the trial.