Defense attorneys have many ways to help their clients avoid convictions or minimize the long-term potential consequences of criminal charges. In some cases, they may negotiate plea bargains to keep the case from going to trial, reduce the severity of the charges or limit the penalties that the courts might impose. Other times, a more robust defense that focuses on avoiding a conviction or admission of guilt may be appropriate. Some defense strategies rely on the suppression of criminal evidence.
When is it possible for a defense attorney to ask the courts to prevent the release of evidence by the prosecution?
After a violation of civil rights
In cases where police officers or other agents of the state violate the rights of a defendant, the evidence found through that misconduct may not be admissible during a trial. Illegal searches, interrogations that occur after Miranda violations and other violations of the civil rights of defendants can give criminal defense lawyers the grounds necessary to invoke the exclusionary rule and ask the courts to suppress specific evidence.
When evidence doesn’t meet certain standards
There are many rules governing collection, analysis and testing of evidence. Gaps in records, deviations from best practices and other issues that raise questions about the credibility of evidence can play a role in suppressing it. A careful review of state records can potentially find issues with evidence that can prevent its use during the criminal trial.
Suppressing evidence is one of several tactics that may contribute to a successful criminal defense strategy. Reviewing current evidence with a criminal defense attorney can help people develop the most effective defense strategy possible, given their unique circumstances.