Facing criminal charges can be overwhelming, regardless of whether you are guilty or not. An crime is a serious allegation that can impact the rest of your life. Doing what you can to avoid a conviction is vital. In some instances, you may be able to file a motion to suppress evidence with the help of a Rockland County criminal defense attorney. If you’re unsure what this is or why it can benefit you, you’ll want to keep reading.
As a citizen, you are entitled to certain protections under the law. One of these is protection from unlawful search and seizure, which is covered under the Fourth Amendment of the Constitution. Federal law prohibits law enforcement from searching your person or property without a warrant, probable cause, or consent. However, items or evidence in plain view of an officer do not fall under reasonable privacy expectations, and those would not be subject to unlawful search and seizure regulations.
If those three elements are not present when conducting a search, your attorney can file a motion to suppress evidence, as it was collected in an unconstitutional manner.
When evidence is unlawfully seized from your property, it may be deemed inadmissible, as it was collected in a manner that violates your constitutional rights.
Though this may not seem like a big deal, as evidence can prove guilt regardless, if the motion to suppress is approved, it can be a massive benefit for your case. In many instances, the prosecution’s case against you will solely rely on evidence they discovered and collected. If this is unable to be presented in court, they could have nothing linking you to the alleged crime. Not only does this make it significantly harder to prove guilt, but in some cases, may result in the dismissal of your case.
The single most important thing you must do when facing criminal charges is to remain silent. It cannot be stressed enough! Unfortunately, many people make the mistake of trying to inform the arresting officers of their innocence. However, in their attempts to prove that they are not to blame or that the arrest was a misunderstanding, they may accidentally incriminate themselves. It’s vital to understand that anything you say can and will be held against you during a criminal trial, and officers will twist your words and statements to fit their narrative.
When arrested, inform the officers that you are invoking your right to remain silent and request a lawyer from the Law Office of Kevin T. Conway. Our dedicated legal team has the necessary criminal defense knowledge you need to help you when you’re facing legal trouble. Contact us today to learn more about how we can help you.