A Criminal Defense Attorney Explains Evidence Suppression
When you have found yourself on the other end of the law getting ready to go into a courtroom, there may be somethings that you do not agree with. Speak with your Criminal Defense Attorney regarding specific details, but in many cases you can ask that evidence is suppressed if you have your doubts about a piece of evidence that is on the docket to be presented against you. An experienced defense team will be able to legally suppress evidence if it was illegally obtained or even with other underlying circumstances.
One point to keep in mind is that evidence can only be presented if it is both relevant and competent in regards to your case. That means it must have a direct effect on your case and the charges at hand, if not there is no place for it in the courtroom.
There are three main reasons why evidence may be suppressed:
When a search and seizure is performed unlawfully it is considered a violation of your Fourth Amendment and could constitute a reason to suppress evidence. This applies with traffic stops and even when an officer visits your home. Initially an officer must need a warrant to search, warrant to arrest, or even probable cause of an actual crime.
When a person is not ‘read his or her rights’ that is a direct violation of their rights. By reading these rights to them they are actually informing them of precisely what rights they actually have. This is crucial information for someone who is being placed under arrest or being questioned.
While all procedures are crucial there is one that may very well be the most important: Chain of Custody. The chain of custody to a Criminal Defense Attorney is a very important step in the representation process. If any step is deviated it causes alarm as to the validity of the evidence in question.
When you are performing interviews for a Criminal Defense Attorney make the right call to Abrate and Olsen.