When evidence is suppressed, it is taken off the record and will not be part of the criminal case against you. As such, it will not come up during the trial.
A criminal court can suppress evidence for various reasons. For instance, if the police obtained the evidence illegally or violated your constitutional rights, such as by conducting an unlawful search or a coerced confession, the court can suppress such evidence. This can have far-reaching consequences on the outcome of your criminal case, as explained below.
The potential implications of evidence suppression
One of the likely outcomes of suppressing evidence is that it can lead to a reduction or dismissal of the charges against you. It is worth noting that the significance or weight of the suppressed evidence matters. Suppressing inconsequential evidence may not change much. However, if crucial evidence is suppressed, it can considerably weaken the prosecution’s case against you.
The process of suppressing evidence
Suppressing evidence begins with a motion to suppress filed by the defense during pre-trial hearings. This is a formal request to the court to exclude specific evidence. Once the motion is filed, the judge will assess its merit before issuing a ruling.
Are you facing serious criminal charges?
Seeking to have evidence suppressed can be an effective defense strategy if you face criminal charges. However, it only works when the facts and law strongly point to a conclusion that the evidence is inadmissible in court.
Therefore, it is best to have an informed review and assessment of your case to determine whether this is an option in light of the prevailing circumstances of your case.