Title: How does evidence get suppressed | Barnes Law Firm
Headings: How Does Evidence Get Suppressed?
How Does Evidence Get Suppressed?
Motions to Suppress
The Importance of Evidence Suppression
Common Reasons to Suppress Evidence
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Content: In order for a judge to rule on such an issue, a lawyer must often file a motion with the court asking for a ruling. A motion to suppress is the catalyst that can lead to the keeping evidence out of your criminal case. In order to succeed on a motion to suppress, your attorney must present sufficient factual information and apply specific laws to those facts to convince the judge that the evidence is illegal. Law presented in these motions can include case law, state or federal rules, or often, the Constitution of the United States. These motions must be persuasively drafted with sound legal analysis and reasoning. The prosecution can respond to your motion to suppress with their own arguments in favor of the evidence. In some cases, the court will hold a motion hearing during which both parties will argue their case. The judge will then rule on whether the evidence should be suppressed or not. The Importance of Evidence Suppression
Often, the suppression of the right evidence can lead a jury to acquit you at trial, or even to the dismissal of charges before a trial ever happens. A common example happens in drug-related cases.