If they hope to obtain a conviction, the prosecution has to present competent evidence against you. But even if that evidence seems convincing, you might be able to block it from being used against you. This is because evidence is sometimes collected in violation of your rights or in a way that otherwise jeopardizes its viability. But before the court will issue a ruling suppressing this evidence, you’ll have to raise the matter and competently argue your position.
When can you block evidence from being used against you?
There are several circumstances that can give rise to evidence suppression. This includes:
- When evidence was seized in violation of your Constitutional rights, such as when your vehicle was searched after an illegal traffic stop or the police seized evidence after misapplication of an exception to the warrant requirement.
- The police failed to advise you of your Miranda rights prior to a custodial interrogation that subsequently led to a confession.
- Evidence was collected incorrectly, mishandled, stored inappropriately or tested in a way that’s contrary to accepted practices.
- The search warrant relied upon by the police was illegally obtained, such as when false or misconstrued information was given to the judge.
There might be other facts in your case that warrant evidence suppression, which is why it’s critical that you thoroughly analyze your situation to see where the prosecution’s case is most vulnerable.
Avoid conviction based on faulty evidence
Although the burden of proof is on the prosecution, the onus is on you to raise evidentiary issues. Therefore, before heading into your case, you need to have a command of the rules of evidence, statute and applicable case law. That’s why many individuals who have been accused of a criminal offense seek out assistance and guidance in building the effective criminal defense they want and need. By doing so, you’ll hopefully be able to avoid conviction and protect your future as much as possible.