A Commitment To Excellence.
A Focus On Results.

What happens if the evidence against you was acquired illegally?

On Behalf of | Feb 1, 2022 | Criminal defense |

Facing criminal charges can be stressful, especially if the evidence against you is overwhelming. You might be staring at years in jail or a steep fine. However, did you know that how your evidence was obtained matters?

The  Fourth Amendment of the constitution protects you from unreasonable searches and seizures. If the police broke the law when acquiring the evidence against you, it could significantly affect your case. Here is what you need to know.

Did the police have a search warrant or probable cause?

The police need consent, a court-issued search warrant, or probable cause that a crime was being committed to gain access to private property, including your vehicle or person, and conduct a search.

If the police acted on a mere hunch or suspicion, it might not meet the legal threshold of probable cause as required by law. As a result, such evidence may be deemed to have been acquired unlawfully.

What does it mean for your case?

Illegally obtained evidence may not be admissible in court. You may file a request to have the court suppress such evidence, which means that it will not weigh in on reaching a verdict for your trial. That could help you achieve a favorable outcome.

Preparing a defense strategy

It is important to note that other aspects of your evidence may make it inadmissible in court, including chain of custody errors. Therefore, it is important that you analyze every angle of your case and safeguard your rights.

In the end, the outcome of your trial will depend on the decisions you make along the way and the defense strategy you employ in going against the charges you face.