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Suppressing evidence might be your best defense option

| Oct 26, 2020 | Uncategorized |

Law enforcement officers wield an enormous amount of power. Amongst them are the power to search you, your car, and your home. Of course, this power is generally checked by the requirement that officers legally obtain a warrant before carrying out a search and seizure, but far too often these officers fail to abide by the law, violating your rights. When this happens, you can be threatened with criminal charges and the serious penalties they carry upon conviction.

Suppressing evidence

One strong criminal defense option that you might have at your disposal is the suppression of evidence. If you suppress evidence, then the prosecution is disallowed from using that evidence against you at trial. This can completely undermine the prosecution’s case, oftentimes leading to dismissal. In order to successfully pursue this defense, though, you need to understand the law and how to aggressively apply it to your case.

The fruit of the poisonous tree

One common way to suppress evidence is to utilize the fruit of the poisonous tree doctrine. This doctrine holds that evidence that is gathered after an illegal police action is tainted and therefore can be suppressed. There are, of course, some exceptions, but this is certainly an area of the law that you should explore. For example, narcotics that were recovered from your vehicle after an unjustified and illegal traffic stop can probably be suppressed as evidence against you.

Obtain the holistic criminal defense you need

There are other ways to try to suppress evidence, but this is just one tactic in the criminal defense toolbox that can be used to protect you and your future. But your criminal defense is only as strong as your knowledge of the law and court processes, as well as your ability to persuasively negotiate and litigate. If you’d like assistance in that area, then it might be time to reach out to a criminal defense attorney of your choosing.