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3 ways evidence can be suppressed in court

On Behalf of | Jul 8, 2022 | Criminal Defense

Suspecting or even knowing you committed a crime is one thing. Proving it beyond a reasonable doubt is another. That is what criminal prosecutors must do.

If the police charge you with a crime, they will have a much better chance of getting the conviction they seek if they give the prosecutor evidence to back their theories up.

Hence, one tactic you can use if facing criminal charges is to question the legality of the evidence the prosecution presents. Here are three ways you might be able to do that:

Question the chain of custody

The police must keep detailed records showing the journey of a piece of evidence from collection to court. Information gaps could persuade a court to declare it inadmissible. This is because the court needs to be sure that the piece of evidence was indeed collected where the police said and has not been altered or tampered with in any way. 

Question how police obtained the evidence

If the evidence is something that you said after the police arrested you, then consider if they respected your Miranda rights. For example, if they questioned you for hours without giving you access to an attorney, that would have been a breach of your rights. Hence even if you said, “It was me. I did it,” the court may rule that cannot be taken into account.

If the police gathered physical evidence, you could check whether they had a valid warrant or permission for any search they carried out. Finding the right defense option is complex, which is why it is crucial to get legal help if you face criminal charges.