What happens if evidence is suppressed

The judge will then rule on whether the evidence should be suppressed or not. Often, the suppression of the right evidence can lead a jury to acquit you at trial, or even to the dismissal of charges before a trial ever happens. A common example happens in drug-related cases. In order to convict you of drug possession , the prosecutor must usually prove that police found a controlled substance.

They cannot simply tell the jury you had cocaine — instead, they should have the evidence tested and present test results as proof that the substance in question was cocaine. If police officers obtained the drugs unlawfully — which is more common than you may imagine — a defense attorney can file a motion to suppress the illegally-obtained drug evidence. If the motion is successful, the prosecutor can no longer use that drug evidence to prove that you possessed drugs.

This is often the main piece of evidence in drug cases and without it, the prosecution usually knows it cannot prove the drug charges beyond a reasonable doubt. Therefore, they may often dismiss the charges then and there. This is only one of many examples of how the suppression of evidence can prevent a conviction.

As part of the discovery phase of a criminal case, your attorney will obtain and analyze all the evidence the prosecution plans to use against you and how the evidence was obtained. An experienced attorney should be able to identify when there is reason to file a motion to suppress.

The question of reliability often arises in criminal cases, as prosecutors often try to admit evidence based on questionable science. This can include evidence involving fingerprints, bloodstain patterns, eyewitness identifications, or DNA. If police officers ask the victim of a crime to pick the defendant out of a lineup or a photo array, the officers are not permitted to assist the victim in identifying the defendant. Police officers always try to convince defendants to admit to committing crimes.

Even if a statement was given to someone other than a police officer, the government must prove that the statement was voluntarily made. Because the police learned about the contraband in the home as a result of the illegal search of the car, the evidence found in the home as well as the car will be suppressed as fruit of the poisonous tree.

Contact us today to speak with our attorneys regarding motor vehicle stops , statements , and stop and frisk. The criminal defense law firm where our clients come first Request Free Consultation.

Motions to Suppress In many criminal cases, the most important litigation comes before the trial. Exclusionary Rule What happens if the judge concludes the police gathered the evidence in an unconstitutional manner? Evidence Subject to Suppression A defendant can file a motion to suppress any type of evidence that has been obtained by the police. Otherwise, it is not reliable. Other reasons to suppress evidence may apply depending on the type of evidence and how the evidence was obtained.

When police and the government fail to honor your rights and to collect and preserve evidence properly, it is only fair and just the evidence be excluded from your trial.

For help with any criminal charge, call us at or use our contact form to schedule an appointment. We serve Hartford, Manchester, and the surrounding areas.

We are accomplished trial attorneys whose focus is handling criminal defense and personal injury claims in Hartford, Manchester, and throughout Connecticut. Failure to follow the chain of custody requirements Once the police seize evidence such as fingerprints, drugs, or the results of a breath test , they are required to account for the location and security of that evidence from the time of seizure to the time of the suppression hearing.