How Can I Get Evidence Thrown Out or Suppressed in New York?
In a criminal prosecution in the State of New York, a wide variety of evidence could be introduced against the defendant. If you have been charged with a criminal offense you undoubtedly want to avoid a conviction for that offense. One potential avenue of defense is to suppress, or "throw out", some (or all) of the evidence against you. Only an experienced New York criminal defense attorney can review the specific facts and circumstances of your case and advise you whether you have grounds to suppress evidence in your case. Therefore, understanding how and why evidence is suppressed is essential.
Evidence obtained by the police using illegal means can potentially be suppressed, the legal word for "thrown out". One of the most common scenarios in which evidence is suppressed is when the police conduct an illegal search. Imagine, for example, that the police show up at your home and ask you to search the premises. If you consent, the police do not need a search warrant. If you do not consent, however, a warrant is needed to search your home except for in vary narrow circumstances that qualify as an exception to the warrant requirement. If the police proceed to search your home without a warrant and the search does not qualify for one of those exceptions, your attorney can file a motion to suppress. If the judge decides that the search was conducted illegally, the evidence found during the search will be suppressed, meaning it cannot be introduced at trial. If the police did get a search warrant, the basis of the search warrant could also be challenged. If the probable cause required for the warrant did not exist, that could also be the basis for a motion to suppress.
Another common reason to file a motion to suppress is when the police question a suspect without using the proper procedure or after the suspect has requested an attorney. In short, anytime the police conduct an illegal search, or obtain evidence against you in an illegal manner, that evidence could be suppressed. Ultimately, the judge presiding over your case will decide if the evidence is admissible at trial; however, an experienced New York criminal defense attorney can review your case and provide you with an opinion with regard to the admissibility of evidence gathered against you. Click here for a free case review.
You have rights and should use them. You are entitled to have an attorney present and represent you throughout the proceedings to even the playing field; however, you must exercise your right to counsel by telling the prosecutor or police officer that you do not want to answer any questions until you have an attorney with you. If you do not ask, they will not get one and they will keep questioning you until they get something.
Please check our representative case page and testimonials & referrals page to see specific information regarding past cases and what our clients and other attorneys have to say about our legal services. Please feel free to contact The Law Offices of Adam Thompson, P.C. for more information about our experience in any legal area anytime at (212)267-2424.
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