How Does Evidence Get Suppressed?

The American justice system gives everyone charged with a crime the presumption of innocence until they are proven otherwise. Proving guilt relies heavily on different types of evidence. Without credible evidence, those accused of crimes in this country cannot be convicted in a court of law. If a Wisconsin criminal defense lawyer can facilitate the suppression of evidence against you, the likelihood of a favorable outcome significantly increases.

The Impact of Suppressing Evidence in Criminal Cases

In some criminal cases, it takes the suppression of just one piece of evidence for the case to end in an acquittal. If the court suppresses a piece of evidence, it cannot be shown to a judge or jury. When evidence is suppressed, essential building blocks of the prosecution's case are missing, making it much harder to bring about a conviction.

When a defense attorney believes there is reason to suppress evidence, they will make a formal written request, known as a motion, to the court that asks that the evidence been removed. This motion is usually made before the trial after the defense attorney has reviewed the evidence in the case. Once a judge has received the motion, they can rule immediately on whether it will be granted. If the judge chooses not to make a ruling, a hearing can be scheduled to determine the outcome.

Reasons for Suppressing Evidence

There are many potential reasons for evidence to be suppressed. Some of the more common include:

• Fruits of an improper search – Any evidence that was obtained in violation of the defendant's Fourth Amendment right to be secure from unreasonable search and seizure can potentially be suppressed. 
• Eyewitness identification – If it can be demonstrated that a witness has difficulty with their vision in regards to lighting, distance, or other obstructions, your defense lawyer can move to suppress their identification of you as the perpetrator. Sometimes the suspect lineup or photo lineup is presented in such a way that it unfairly causes the witness to select you out of the lineup. These improper acts are also grounds for suppression.
• Defendant statements – If you made statements to the police that are damaging to your case, your Wisconsin criminal defense attorney might be able to show the court that they were made involuntarily due to threats, promises, or coercion by law enforcement or the prosecution. Any statement you made while in police custody may also be suppressed if you were never advised of your Miranda rights.

Call Cohen Law Offices Today to Speak with a Criminal Defense Lawyer

The experienced attorneys at Cohen Law Offices can review every piece of evidence that the prosecutor intends to use against you to see if there is any reason to file a motion for suppression. Call Cohen Law Offices today at (715) 514-5051 or use our confidential online contact form to schedule your case consultation. Suppressing just one piece of evidence could lead to a reduction of your charges or even an acquittal.