Suppressing evidence is one way to help reduce your risk in court. By removing evidence from a case, it’s possible to take away the prosecution’s ability to pursue charges. In some cases, taking away even a small amount of evidence can put doubt into the minds of jurors or judges, making it more likely that you’ll be able to get a reduced sentence or have your case dismissed.
One way to have evidence suppressed is by proving that it is covered by the exclusionary rule. With this rule, any evidence that was collected illegally will not be allowed to be submitted to the court. That means that if the police had performed an unlawful search and seizure or entered a property without a warrant, you may be able to have any evidence that was collected dismissed.
If your Miranda rights weren’t read to you, then you may be able to have any information gathered from your interrogation removed from the trial’s evidence. Any admissions you make before you have been read your rights may not be admissable in court. Your attorney can help you understand exactly when this would apply to your case.
Finally, a chain of custody error can lead to evidence being dismissed. For example, if the police have evidence and submit it to a crime lab, then the lab needs to be able to account for that evidence. If it goes missing, even temporarily, you can argue that the evidence now lacks credibility, since it could have been tampered with.
These are just a few ways that you can defend yourself and have evidence dismissed. Your attorney will help you understand if these suppression techniques can be used in your case. Our website has more on what you need to know about defending yourself in court.