When you are facing criminal charges, you may experience an overwhelming amount of emotions, from anxiety to frustration. With uncertainty on the horizon, you may not know how to proceed. However, in some instances, you may be able to have evidence excluded from your case. Filing a motion to suppress evidence can benefit your chances of evading charges. However, you’ll need a Kaufman County, Texas criminal defense lawyer on your side to help. Keep reading to learn more about this process.
How Does a Motion to Suppress Work?
As a citizen, you have rights under state and federal laws, even if you are suspected or accused of committing a crime. One of the most essential laws police officers must follow is the Fourth Amendment of the United States Constitution. Under this statute, citizens are protected from unlawful search and seizure of their property. Essentially, this means that police cannot search your home without a warrant, probable cause, or consent.
If none of these elements are present, an attorney has the right to file a motion to suppress evidence. This makes it so the evidence found cannot be presented by the prosecution in court, as it was illegally and unlawfully obtained. If granted, the proof will be exempt from trial. However, this motion must be filed during the pre-trial phase.
Also, confessions may be eligible for suppression if law enforcement officers violate a citizen’s Fifth Amendment rights. For example, if an officer did not read a suspect under arrest their Miranda rights before obtaining a confession or they used physical force or coercion to get a defendant to confess to a crime, this may be suppressed.
How Can It Help My Case?
If evidence is suppressed and prohibited from presentation in a trial, it can have significant benefits for your case. In many instances, the prosecution’s case rests heavily on one key piece of evidence. Without this, they may be unable to link you to the crime. As a result, your case may be dismissed. Similarly, if only some evidence is excluded, you still may be able to beat the charges. The lack of substantial evidence may cast reasonable doubt, and a jury may be unable to find you guilty.
What Should I Do if I’m Arrested?
If arrested, the most important thing you must do is remain silent. Anything you say can and will be held against you in a court of law, and many law enforcement officers will twist your words to prove guilt. Instead, inform the officer that you will remain silent and ask for an attorney. You should not speak with officers until your legal representation arrives and provides further guidance.
However, you’ll want to ensure you call Harrell & Paulson, LLP. Our dedicated criminal defense attorneys are ready to fight for justice. Contact us today to learn how we can assist you.
