In a criminal trial, the prosecution must present its case before the defense, bringing forth any pertinent evidence in support of a conviction. In certain circumstances, however, it may be possible to prevent the prosecution from using certain evidence against you. Blocking that evidence can help preserve your freedom and even prevent a conviction.
What Evidence Can Be Suppressed?
A smart defense attorney will make sure to suppress any evidence in your case that was obtained illegally. Examples of evidence that may have been procured illegally includes:
- Evidence that was gathered without a search warrant
- Evidence that was gathered with an invalid search warrant
- Statements made by the suspect if police failed to read them their Miranda rights
- Evidence collected in a botched investigation
Suppression Is Not Spontaneous
In order to suppress certain evidence that would otherwise be used against you, a defense attorney needs to file a motion to suppress evidence. A judge will then rule on the motion. The suppression hearing will take place independent of the overarching criminal trial.
Any additional evidence gathered as a result of the initial illegally gathered evidence will also be deemed inadmissible.
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To schedule your free initial consultation with one of our experienced criminal defense lawyers in Travis County, call our office in Austin, Texas, or contact us online to start protecting yourself today.