Aggressive. Committed. Experienced.

Suppressing evidence in your drug crime case

On Behalf of | Oct 13, 2021 | Drug Crimes |

Drug charges are pretty serious, and you could be staring at years in jail if convicted. However, your guilt has to be proven beyond a reasonable doubt for a successful conviction. If the prosecution fails to meet the threshold of proof, you are likely to be acquitted. 

What the prosecution can prove to a jury is often more important than a defendant’s actual guilt or innocence, so you want to detract from the prosecution’s case against you as much as possible. One way to do that is by seeking to suppress the evidence against you when it was obtained illegally.

What makes evidence illegally obtained? Consider these scenarios:

Evidence obtained without a required Miranda warning

If you’re in their custody and under interrogation, the police are supposed to give you a “Miranda” warning that informs you about your rights against self-incrimination and your right to an attorney.

If you were not read your rights and ended up making self-incriminating statements or confessions, they may not be admissible as evidence.

Chain of custody errors

Errors in the chain of custody where evidence is concerned can draw the credibility of that evidence into question. 

For example, failing to secure a crime scene or handling evidence without gloves may mean that information gleaned from that evidence cannot be wholly relied upon.

Unlawful search and seizures

The Fourth Amendment protects you against illegal searches and seizures. This applies to routine traffic stops or home searches. With some exceptions, the police must have a warrant to conduct any search or seizure operation. If the evidence is obtained illegally, you may file to have it struck out of your case.

The criminal justice system can get complex, and things are not as easy as they seem. Therefore, when going against the prosecution’s evidence, it is important to proceed cautiously and make informed decisions in your best interests