While every case is unique, one strategy that is very useful, specifically in drug cases, is what they call “suppressing evidence”. This is essentially a complex way to say “this evidence can not be used in court”. An experienced criminal defense lawyer will use the suppression of evidence to try to keep incriminating evidence out of your case.
Sometimes a single piece of evidence is essentially the entire case against you. Think about the evidence in a DUI or a simple drug possession case. The sample proving you were over the legal limit (in a DUI) or the actual drugs that were confiscated (in a possession case) are essentially the entire case against you. If that individual piece of evidence is not allowed into court, the prosecution's case falls apart and typically they are forced to dismiss the charges.
The goal of suppressing evidence is usually to protect the constitutional rights of the accused. Typically the “suppression of evidence” would refer to the prosecution not being allowed to use the evidence to further their case against the accused. For example, if the police violated someone’s right to privacy when they gathered the evidence, a defense lawyer can submit a motion to suppress the evidence based on the unlawful search and seizure of the evidence.
In drug cases, a single piece of evidence can often be the focus of the prosecution's entire case. If the controlled substance that was allegedly found by the police is excluded from the evidence, a drug possession case becomes very difficult to prosecute. In a DUI case, the mishandling of the blood alcohol content sample would almost always lead to a dismissal, because again, the entire case relies on the prosecution being able to prove that the accused driver was over the legal limit.
Again, every case is unique, but here are three situations that can commonly result in evidence being suppressed:
If you feel like you are being prosecuted with evidence that was illegally obtained or you need help resolving a criminal charge or investigation, contact my office today. I work with people all over Minnesota from my office in St. Paul. I fight for the freedom of the accused. If you or a loved one has been arrested, contact me today.