Protecting Your Legal Rights Since 1994

Can you suppress drug evidence being used against you?

A conviction on drug charges can threaten nearly every aspect of your life. We don’t say that to scare you but rather to let you know how important it is to build the best criminal defense you can when going toe-to-toe with aggressive prosecutors. Although you might be tempted to take a plea deal when a prosecutor pushes one your way, you shouldn’t be so quick to accept it without first thoroughly analyzing your case to see if you have a way to beat the charges levied against you.

Can you suppress the prosecution’s evidence?

One of the best ways to beat drug charges is to suppress evidence of criminal wrongdoing. Suppressing evidence means that the evidence can’t be used against. Therefore, even if the prosecution has very incriminating evidence to use against you, suppressing it could get you off the hook.

So how do you suppress evidence? There are a number of ways. One option is argue that law enforcement gathered the evidence only after acting illegally. For example, an illegal traffic stop that then leads to a search of your vehicle and the recovery of narcotics may lead to suppression of that evidence. This is because the law recognizes the fruit of the poisonous tree doctrine, meaning that evidence gathered after an illegal action, even if technically gathered legally, is deemed tainted and therefore inadmissible at trial.

Another way to try to suppress evidence is to show that the way that the evidence was seized was illegal. The U.S. Constitution protects you from unreasonable searches and seizures, which generally requires law enforcement to secure a search warrant prior to acting. However, law enforcement officers often fail to abide by your rights. When that happens and you or your home or car are subjected to an illegal search, then you might be able to suppress any evidence gathered thereafter.

Build the aggressive defense you need

If the evidence seems stacked against you, then you might be feeling hopeless. But you might have stronger criminal defense options then you think. That’s why it’s important that you consider discussing your case with an experienced criminal defense attorney who knows how to fight against serious drug charges.

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