Are you worried that you are going to be convicted based on evidence that was not obtained in accordance with the law? Below are some of the grounds that a criminal lawyer can use to ensure that such evidence is suppressed when you are arraigned in court.
Chain of Custody Issues
The evidence against you can be suppressed if there is proof that it was handled incorrectly and someone could have tampered with it. For example, questions can be raised about why the evidence stayed overnight at the home of the police officer who obtained it instead of being kept at a designated storage facility. Evidence can also be suppressed if it can be proved that an unauthorised person handled that evidence after collection.
Unlawful Searches or Seizures
It is also possible to have the evidence against you suppressed by a court of law if it was obtained unlawfully. For example, the police officers could have searched your home without a search warrant. Any evidence gathered during that search can be challenged if the circumstances prevailing required the officers to have a warrant. It is also possible to suppress any evidence that was gathered outside the parameters described in the warrant obtained by the officers. For example, the warrant may have authorised the officers to search your home and office. However, the officers went ahead to search the car of your friend (which was parked at his/her home) and collected some incriminating evidence. Such evidence can be challenged because the warrant did not authorise the search of your friend's vehicle.
Evidence can also be thrown out or suppressed in the case that evidence was obtained during an illegal interrogation. For instance, suspects are normally told what their rights are before being questioned after being taken into custody. You can ask the court to suppress any evidence that incriminates you in case you were not told about your rights prior to the interrogation. Evidence obtained after torturing you mentally or physically can also be suppressed.
As such, any evidence that is collected must meet the standards set in a given jurisdiction. It is important for you to explain to a criminal law attorney what happened during your encounter with the officers when the evidence was collected. The lawyer will assess your description and find a way to have the evidence suppressed so that you aren't convicted based on incorrectly obtained or poorly handled evidence.Share