One of the most important jobs of criminal defense attorneys is to make sure that the laws are fairly and correctly applied to their clients. Making sure police personnel and prosecutors do their job right and follow the law can help make sure that clients get the best possible outcomes from their cases. A motion to suppress is one tool that criminal defense lawyers use to make sure police follow the law and do not use evidence they was illegally obtained.
Obtaining Evidence Illegally
Anything that you say to police officers and anything they find related to a crime can be evidence. According to experienced criminal defense attorneys, police officers must read Miranda rights to a suspect before they can ask questions. In order search a residence or a car, they must have a search warrant. Police can search a car or a residence without a warrant only if the suspected person allows that to be done. If a search is done without following those rules, the evidence that is gathered has been obtained illegally.
Motion To Suppress
If a police officer searches a car without consent or without a warrant, or questioning was done without reading a person their rights, experienced criminal defense lawyers will ask the judge to prevent any evidence that was gathered from using against a suspected or accused person. This is done by filing a motion to suppress illegally obtained evidence.
For example, in a DWI case, if a police officer has blood drawn without consent or a valid warrant, a motion can be filed by a criminal defense lawyer with the court to suppress the results of that test. Many times, such action will greatly increase the strength of a defendant's case and may even lead to a complete dismissal of all charges.
Motions To Suppress As Bargaining Tools
If there is any reason to believe that evidence gathered was done without prior permission, experienced criminal defense attorneys can use that knowledge with the prosecutor to work towards a better plea-bargain offer or even request that the case be dismissed without a hearing.
A motion to suppress is a very important tool for criminal defense lawyers to use to protect the rights of their client. That is why it is so important to have an attorney who is experienced with the handling of criminal defense work. When police personnel fail to follow the law, a motion to suppress evidence can certainly be used to a client’s advantage.
By: Gustavo D. Elizondo III, Attorney at Law
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526