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Criminal defense and suppressing evidence

If you're being charged with a criminal offense, then the prosecution probably has evidence that it feels is strong enough to obtain a conviction. Since a conviction can bring a whole host of penalties to your doorstep, including prison, fines and damage to your reputation, you need to do everything you can to try to draw that evidence into question. Although you can try to point out witnesses' biases and put forth an alibi, one of the best ways to secure a strong criminal defense is by suppressing evidence.

There are a number of ways that evidence can be suppressed. Perhaps most commonly, evidence may be disallowed from being admitted into evidence when it is shown that it was obtained through an illegal search and seizure. Generally speaking, police officers can only subject you to a search and seizure if they have a search or arrest warrant, or if they have probable cause. If they have none of these justifications, then any search may be illegal. Any evidence gathered as part of that illegal search may thus be suppressed.

Another way to suppress evidence is to argue that there are errors in the chain of custody with regard to a particular piece of evidence. Chain of custody refers to the procedures and documentation utilized when collecting, storing and eventually presenting it to the court. If the prosecution cannot account for how the evidence was handled during critical times, then the evidence's validity may be drawn into question. When this happens, the judge may deem it inadmissible.

If you are able to suppress evidence, then you may be able to chop the legs out from under the prosecution and beat the charges you face. Of course, doing this successfully requires extensive legal knowledge and litigation skills. Therefore, if you feel like you need assistance in preparing your criminal defense, then consider discussing your case with a defense attorney you deem appropriate.

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