When facing criminal charges, you may not know what your options are. Often, it can seem as though a conviction is unavoidable, and you may have accepted it as your fate. However, it’s essential to understand all your legal options before heading to court. In some instances, you may be able to file a motion to suppress evidence. If you’re unfamiliar with your process, you’ll want to keep reading to learn more. You’ll also discover how a Cobb County criminal defense lawyer can help you navigate this process.
How Does a Motion to Suppress Work and How Can it Benefit Me?
A motion to suppress evidence is a pre-trial motion that a lawyer will file. This essentially petitions the judge to suppress or dismiss evidence due to the manner in which it was collected. The motion to suppress can have anything from photos and videos to drug paraphernalia and witness testimony dismissed before the trial begins. However, this motion must be filed during pre-trial.
As a citizen, you are entitled to certain protections under the Constitution. One is the Fourth Amendment, which protects you from unlawful search and seizure. The police must follow procedure, meaning they cannot search your property without a warrant, probable cause, or consent. Law enforcement cannot violate federal or state laws to collect evidence.
If your attorney reviews your case and files a motion to suppress evidence, it can be beneficial if approved. Not only is the prosecution then prohibited from bringing up this evidence in court, but it also, in some cases, can lead to the dismissal of your case. Often, the prosecution’s case rests solely on one key piece of evidence. When specific proof cannot be presented in court, they may have no other evidence to convict you.
If I’m Facing Criminal Charges, What Should I Do?
When arrested, the most important thing you must do is remain silent. Unfortunately, many people try to plead their innocence at the arrest scene. While this doesn’t seem like an inherently harmful action, it can lead to accidental self-incrimination. When taken into custody, you should inform the officers that you wish to invoke your right to remain silent and request a lawyer. Until your legal representation is present, you should not speak with law enforcement.
The next most important thing you’ll want to do when you are under arrest is contact the Miller Law Practice as soon as possible to connect with an experienced criminal defense attorney. It’s imperative to ensure you have a lawyer familiar with criminal law to help you navigate your case. Our dedicated legal team will work tirelessly to explore every possible avenue to help you achieve the best possible outcome for your circumstances. Contact us today to learn more about how we can help you.