What is a motion to suppress evidence?

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    Depending on the criminal offense you are charged with, you will be subjected to numerous penalties that can negatively affect your life. However, before facing the harsh consequences and repercussions of your crime, you will stand before a judge who will determine an appropriate punishment based on the evidence presented against you. If you are charged with a criminal offense, it is critical to retain the legal services of an experienced criminal defense attorney who can fight on your behalf to prevent harsh penalties. There are many tactics skilled criminal defense attorneys can use to defend you including filing a motion to suppress certain evidence. Keep reading to learn more about how a motion to suppress evidence can help your case and how one of our determined Nassau County Criminal Defense Attorneys can defend your rights. 

    How can a motion to suppress evidence help my case?

    There are many tools an experienced criminal defense attorney can utilize to help a defendant’s case. However, one of the most beneficial tools is filing a formal motion to suppress evidence. Essentially, when an attorney files a motion to suppress evidence, they are asking the judge to exclude certain evidence from being used against you in a court of law. The judge will determine whether the prosecutor can use evidence against you during the trial. Moreover, motions to suppress evidence can be used in certain cases where there is eyewitness identification involved. In some cases, an individual may claim they witnessed the crime. However, an adept attorney can argue that the identification process was unfair. In this case, an attorney would file a motion to suppress eyewitness testimony from being used at trial.

    Furthermore, a judge will often grant a motion to suppress evidence if the evidence recovered at the time of the arrest was unlawfully obtained through search and seizure. For instance, if you are being charged with driving while under the influence (DUI), however, the police officer that stopped you did not have probable cause for pulling you over, any evidence present was illegally obtained. Therefore, the evidence could not be used against you during the trial. Having certain evidence thrown out and prohibited from being used against you can greatly benefit your case. Without certain evidence, the prosecutor may not have enough evidence to prosecute you. In this case, if a motion to suppress certain evidence is granted it could lead to dismissed charges.

    In the unfortunate event that you have been charged with a criminal offense, it is imperative to retain the legal services of a qualified Nassau County criminal defense attorney who can use a variety of different defense tactics such as filing a motion to suppress evidence to seek reduced or dismissed charges. Allow our firm to represent your interests in court.

     

     

     

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