- June 30, 2021
Be aggressive in your attempts to suppress evidence
If you’re facing criminal charges, then you might be worried that the evidence the prosecution has stacked against you is insurmountable. But even if your case doesn’t look great you shouldn’t lose hope. After all, you might have strong criminal defense options available that can defeat even the strongest prosecutorial arguments.
Can you suppress evidence in your case?
One of the best ways to derail the prosecution’s case is to have prosecutorial evidence precluded from being used against you in court. When evidence is deemed inadmissible at trial it’s known as suppression.
Evidence suppression can occur in a number of ways. One commonly used tactic is the fruit of the poisonous tree doctrine. Here, you essentially argue that evidence was seized after an illegal police action, which thereby tainted the gathered evidence. This most often occurs in the context of an illegal traffic stop that then results in the search of a person or vehicle and the recovery of narcotics or illegal weapons.
There are other ways that evidence can be suppressed, though. Chain of custody errors, especially in how evidence is gathered or tested, can lead to suppression, and so, too, can a witness’s failure to appear for a hearing despite having been subpoenaed for it.
What does this mean for you?
What this means is that you need to be thorough in the preparation of your criminal defense, regardless of how the case may seem at first glance. Scrutinize police action, know the law, and be prepared to craft persuasive legal arguments that aggressively attack every aspect of the prosecution’s case. With the help of an experienced criminal defense attorney, you just might be able to protect your future. If you want an aggressive advocate on your side, then consider discussing the circumstances of your case with the legal team at the Law Office of John Freeman.