Is the evidence against you admissible in court?

A lot is at stake if you have been charged with a serious criminal offense, including your freedom. That’s why it pays to carefully examine all aspects of your case, including the admissibility of evidence against you. 

Challenging the admissibility of the evidence that the prosecution wants to use against you is one of the most effective methods of defense in many criminal trials. 

When will the court suppress evidence in a case?

If the police violated your constitutional rights in the process of acquiring the evidence, your attorney could file a motion to suppress it. Upon consideration, the court may suppress that evidence, and it will not weigh in on your case. These instances may include:

  • An illegal search and seizure, which infringes on your Fourth Amendment rights.
  • Self-incriminating statements that you made while both in police custody and under interrogation if you were not properly advised of your Miranda rights.
  • Chain of custody errors, which may also cast doubt on the credibility of the evidence.

These last errors are based on improper evidence documentation or care. For instance, if you are facing gun charges and the weapon in question was not properly stored in the evidence room, that could compromise any genetic evidence or fingerprints that are later discovered.

It might make some difference in your case

The irrefutable burden of proof borne by the prosecution relies on the evidence presented in court. If a key piece of evidence is deemed inadmissible in court, it might just change the trajectory of your case. Knowing more about what to expect when taking on your criminal charges will go a long way in ensuring a desirable outcome for your case.

 

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