Continuing from Criminal Defense Strategies: Getting the Prosecution’s Evidence Suppressed (Part 1), here are some additional criminal defense strategies that a skilled defense lawyer can use to argue that evidence against the accused should be suppressed or thrown out of court. It’s important to note that the best arguments for a particular case will depend on the circumstances of the case, the nature of the charges filed in the case and the specific evidence in questions.
- The evidence was illegally obtained by police – When police are investigating a case and gathering evidence against a suspect, they have to abide by specific rules – particularly the Fourth and Fifth Amendments – in order for that evidence to be considered to have been collected legally.In terms of the Fourth Amendment, police are required to have a search warrant or a suspect’s explicit permission to search his property and gather evidence from it (i.e., the Fourth Amendment protects individuals from illegal search and seizure). The Fifth Amendment requires police to read suspects their Miranda Rights prior to an arrest to inform them of their rights to remain silent and not incriminate themselves.If police search and obtain evidence from a suspect’s property without having a search warrant or the suspect’s consent, if they obtain evidence from areas not covered in the search warrant, and/or if police obtain evidence (including confessions) from suspects who have not been read their Miranda rights, this evidence can be thrown out of court (and, in turn, this can cripple a prosecutor’s case).
Check out the conclusion to this three-part blog for additional arguments that can be effective at weakening prosecutors’ cases by getting their evidence against the accused thrown out of court.
Denver Criminal Defense Lawyers
The authorities take allegations of felony crimes, particularly when they have allegedly been committed by individuals who have a criminal record or when they involve victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. As soon as you start working with our trusted criminal defense lawyers, we will begin investigating your case, interviewing witnesses and compiling evidence to support your defense. We will also work diligently to get the prosecution’s evidence against you thrown out of court and, whenever possible, to get the charges against you reduce or potentially even dismissed entirely. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.