Some people say that evidence can make or break a criminal case, and those who have received a harsh sentence because of the evidence against them tend to agree. A plethora of solid “proof” can be hard to overcome, but it is certainly not impossible.
When you believe there is little chance of disproving evidence prosecutors may have against you, you may be able to get it suppressed. If you have sufficient grounds, well-prepared motions to suppress evidence can prevent it from being used against you.
Unlawful search and seizure
You always have constitutional rights, even when suspected of drug or other offenses. These rights extend to the way law enforcement deals with you and your belongings during an investigation. For example, they cannot search your home for drugs on suspicion alone.
They must follow procedure, which means obtaining a search warrant and executing it lawfully. If they deviate from the warrant, it may be possible to suppress the evidence seized in the illegal search.
Chain of custody issues
If you have ever watched crime procedural shows, you may understand the importance of handling evidence carefully and according to strict procedures. For example, the police must keep evidence securely locked away and document all access to the items.
Showing that this chain of custody was broken or compromised can persuade the court to rule the evidence inadmissible. The less evidence prosecutors have, the better your odds are of minimizing the severity of your situation.
Of course, these are not the only grounds to consider when seeking to suppress evidence. Having experienced legal guidance can help you protect your rights and present your case.