To effectively present their case and obtain a conviction, the prosecution is going to utilize physical evidence that was gathered during your criminal investigation. On its face, this evidence might seem insurmountable, but after taking a deep dive into your case, you might find that the police made several errors that violated your Constitutional rights.
If that’s happened in your case, then you might be able to raise persuasive defense arguments to block incriminating evidence from being used against you. This, in turn, could result in your charges being dismissed, or you could be acquitted at trial.
However, the police aren’t going to point out their own mistakes. That means the burden falls on you to demonstrate how the police made a mistake and how that mistake violated your rights. How do you do that? Let’s take a closer look.
How to block the prosecution’s evidence
There are several circumstances that may warrant a motion to suppress. If you succeed on one of these motions, then you can prevent the prosecution from using illegally gathered evidence against you. Here are some ways to argue for suppression in your criminal case:
- You were subjected to an illegal traffic stop: The police can’t just stop you on a whim or a hunch. They need articulable suspicion that you’ve committed some sort of offense or infraction. If they lack reasonable suspicion prior to pulling you over, then the stop is illegal, and any evidence gathered after that point is tainted by that illegality. This is known as the fruit of the poisonous tree doctrine. So, make sure you evaluate the circumstances surrounding your traffic stop to see if you can argue that it was illegally conducted.
- The police misused an exception to the warrant requirement: Although the police typically have to secure a warrant from a judge before they can search your car or your home, there are also a number of exceptions to that warrant requirement. In practice, though, the police misuse these exceptions all the time, which is a violation of your Constitutional right against unreasonable searches and seizures. If you, your car, or your home was searched without a warrant, you’ll want to analyze the facts of your case to see if the police went too far.
- The police failed to read you your rights: When you’re subjected to custodial interrogation, the police are required to advise you of your rights, including your right to remain silent and your right to an attorney. If they don’t, then their interrogation is in violation of those rights, meaning that any confessions that you make are illegally obtained. You can block these incriminating statements from being used against you.
- Witnesses won’t cooperate: Before you head to trial, you’ll know who the prosecution intends to call as witnesses. You can then depose these witnesses so that you have a better sense of how they’ll testify at trial. If these witnesses don’t cooperate with you, though, and they fail to appear for scheduled depositions, then you can probably block their testimony from being used against you at trial.
Don’t let investigatory errors lead to your conviction
There’ simply too much on the line in your criminal case to let the police and the prosecution run the show unchecked. After all, they might use illegally obtained evidence against you if they get the chance. Don’t let them get away with that. Instead, figure out which aggressive criminal defense arguments best protect you and your future.