Facing A Felony? File A Motion To Suppress Evidence

When you face a felony, you want to find any shred of evidence that can be thrown out of court. This will weaken the prosecution's case against you, making it less likely for you to face a felony conviction.

You may need to file a motion that will suppress evidence in the case to fight a felony in court. Not sure what this means? Here's what you need to know.

What Evidence May Be Suppressed?

Some types of evidence may be suppressed, including evidence that was recovered illegally. In some cases, you may argue that evidence is not relevant to the case and is only meant to cast you in a bad light, for instance.

Evidence may include physical objects (like alcoholic beverages), photos, video, or even the results of tests. This can be useful information to know whether you are facing a felony DUI or a murder charge.

In other cases, the evidence does not consist of a tangible object. It could be that officers obtained statements that violated your Miranda rights, for example. It might be a field sobriety test's results after you were pulled over without reasonable suspicion. You might also want to suppress video footage or web activity obtained without a search warrant, for instance.

How Can You File a Motion?

Each state has different rules for felony criminal court cases, which means that your procedure to suppress evidence may depend on your location. Often, suppressing evidence is something that is done ahead of a trial.

As part of the process, you will need to demonstrate why the evidence should be withheld in the courtroom. For instance, you may have to prove that police officers recovered evidence without the necessary search warrants. Attorneys understand how to best argue your case.

Ultimately, the judge will make the decision as to which evidence will be available.

Is This Motion Beneficial For Your Felony Case?

Ultimately, choosing to file a motion to suppress evidence can be a very good thing for your case. Your attorney will help you decide if there is evidence involved in your case that should be suppressed to benefit your case.

Should You Hire an Attorney?

If you are facing felony charges, it is smart to hire an attorney who can examine your case. Your felony attorney takes a look at the evidence to ensure you are treated in accordance with the law and given a fair shot at defending your innocence. 

For more information about working with felony attorneys, contact a local law firm.