If you are facing a criminal charge in Texas, the prosecution will build a case against you based on the evidence available to them. The more relevant evidence they have that directly implicates you in the case at hand, the more difficult your position will be.
It’s important to recognize, however, that not all evidence is admissible in court, and the suppression of evidence that doesn’t align with related laws can make a significant difference in the outcome of your case. If a criminal charge has been levied against you, it’s time to retain the professional legal representation of an experienced Round Rock criminal defense attorney.
What Does Suppress Mean?
When a defense attorney files a motion to suppress evidence in Texas, it represents a legal challenge in a criminal case that is intended to prevent the prosecution from introducing specific evidence against their client at trial. The basis for the suppression of evidence is either that it was obtained illegally or that it violates the defendant’s constitutional rights.
When the motion to suppress is granted, the evidence addressed in the motion is – in essence – thrown out, and it can directly affect how the case is resolved. If the suppressed evidence is very important to the case against you, the prosecution may go as far as dismissing it.
How It Works
The Texas Code of Criminal Procedure reports that no evidence obtained in violation of the Constitution or of Texas laws can be admitted in evidence against the accused on the trial of any criminal charge. Motions to suppress are generally based on grounds such as the following:
The police obtained the evidence unlawfully or unconstitutionally.
The search, seizure, arrest, or interrogation was improper or illegal.
The evidence was obtained in violation of the defendant’s Fourth Amendment Rights, which relates to unreasonable search and seizure.
The evidence was obtained in violation of the defendant’s right to remain silent.
Some other form of legal error occurred regarding the collection of the evidence.
In order to prevail with a motion to suppress evidence, you’ll need to prove that there is a substantial likelihood that the evidence in question was obtained via means that are prohibited by the U.S. Constitution or by Texas law.
If your motion is successful, the court will grant it, and the evidence that was gathered through an improper or unlawful method will be suppressed – or excluded – from your case. At this point, any attempt to use the evidence for purposes of your trial is considered illegal and unconstitutional.
When Motions to Suppress Evidence Are Most Likely
The motion to suppress evidence can be a powerful weapon in your seasoned defense attorney’s arsenal. It helps to not only safeguard your constitutional rights but also to ensure that your trial is conducted fairly. There are a range of primary instances when motions to suppress evidence are likely to apply.
Unlawful Search and Seizure
The most common scenario in which a motion to suppress evidence applies is when the evidence itself was obtained in an unlawful search and seizure.
There are important protections in place that shield us from unreasonable search and seizure, and this includes protections related to evidence obtained when there isn’t a valid search warrant in place or when the authorities exceed the boundaries outlined in a search warrant that they do have.
Failure to Mirandize
Before the police can interrogate you in relation to an alleged crime, they must inform you of your Miranda rights, which are the familiar – you have the right to remain silent and the right to an attorney. When the police skip this step or fail to follow the necessary protocols, any statements you made in the interim may be suppressible.
Illegal Traffic Stops or Detentions
If the police obtain evidence from a traffic stop that wasn’t legal to begin with or from a detainment that was made without justification, your savvy Round Rock criminal defense attorney will challenge any evidence they obtained with a motion to suppress.
Warrants that Are Overly Broad
Search warrants afford law enforcement the authority to search highly specific areas for highly specific things, and as such, these warrants must use clear language and must be limited in scope. When the warrant itself is overly broad or employs vague language, it may support the suppression of any evidence that is gathered as a result of the legal tool.
Issues with Chain of Custody
For evidence to be used against you in a criminal case, the prosecution must show an unbroken chain of custody over it, which testifies to the fact that it wasn’t tampered with or otherwise compromised. When there is an unexplained gap in the chain of custody, it can call the integrity of the evidence into doubt, which can support a motion to suppress.
Involuntary or Coerced Confessions
For a confession to be admissible in court, it must be offered voluntarily – without force, psychological pressure, threats, or any other coercive measures. If you can show that your confession was coerced or otherwise involuntary, you may be able to keep it out of your hearing.
Different Forms of Evidence that May be Suppressed
There are different forms of evidence that you may be able to suppress in the case against you.
Physical Evidence
Physical evidence, which is often called material evidence, refers to evidence you can see and touch that is collected at the crime scene, and common examples include all the following:
Firearms and other weapons
Stolen goods
Photos and videos
Broken or unusual items and the placement of these items at the scene
Bloodstains
Burn marks
When physical evidence isn’t obtained in accordance with the law, you can seek its suppression.
Forensic Evidence
Forensic evidence refers to the scientific information obtained from forensic samples, such as DNA and fingerprints. Other examples include ballistic reports, blood splatter reports, and trace evidence. Forensic evidence is generally considered highly reliable, but it must be gathered legally in order to be used against you.
Digital Evidence
Digital evidence refers to any kind of information that is gathered from electronic sources, including:
Phone logs
Audio and video clips
Emails, text messages, and other forms of electronic messaging
Social media posts
Documents that are extracted from hard drives, storage systems, and servers
Information gleaned from home automation devices, smart watches, and even video games
As our lives become more driven by electronic devices, digital evidence plays an increasingly important role in criminal cases, but it must be gathered legally – or it can be suppressed.
Confessions
As mentioned, for a confession to be admissible, it must be made voluntarily, and when it is, it can be very powerful evidence. If you were pushed into a confession by law enforcement, however, suppression of your confession may be in order.
Eyewitness Testimony that Is Identifying
Eyewitness testimony that identifies the perpetrator can make or break a criminal case. For example, when the victim identifies the person who perpetrated a crime against them, it helps strengthen the prosecution’s case.
This generally involves a photographic or in-person lineup or a composite drawing. When these aren’t conducted by the book, however—such as if an officer directly or indirectly suggests whom the eyewitness should pick or is coercive about it—they can corrupt any forthcoming evidence.
It’s also important to note that eyewitness testimony is not – by any stretch of the imagination – foolproof. While such testimony used to be considered the gold standard, this is no longer the case.
In fact, the Innocence Project shares that eyewitness misidentification contributes to an overwhelming majority of wrongful convictions – that are later – overturned by post-conviction DNA testing.
Juries tend to recognize that eyewitness identification is just one piece in the puzzle in criminal cases. When this evidence is flawed in some fundamental way, it can be suppressed.
The Suppression Process
The process of filing a suppression motion breaks down into several basic steps, including the following:
Your dedicated Round Rock criminal defense attorney will begin by drafting the motion to suppress, which will include detailed reasons for the request – along with a legal basis for the suppression.
Once the motion is drafted, it must be filed with the court, which will lead to a hearing date.
At the hearing, both the defense and the prosecution will present their arguments on the matter.
Once the court has considered each side’s arguments, the presiding judge will make a ruling, and if the motion to suppress is granted, the evidence it contained cannot be used against you in court.
When evidence is suppressed, it can have a profound impact on the case and can even be a turning point. When primary evidence is excluded, the prosecution’s case against you can take a serious hit, and proving your guilt beyond a reasonable doubt may no longer be possible. This could support any of the following:
A reduced charge against you
The offer of a favorable plea deal
The suppression of evidence is a strong legal tool that highlights the importance of our individual rights and the sanctity of due process.
FAQ
The answers to the most frequently asked questions about the suppression of evidence may help you with some of your own.
Are there any guarantees when it comes to motions to suppress?
No, there are no guarantees in relation to filing a motion to suppress. If your knowledgeable criminal defense attorney believes that some or all of the evidence against you was obtained unlawfully, they will build a case to prove their point. From here, it’s up to the judge to make a final decision that’s based on the related facts and circumstances.
Why are motions to suppress important?
Motions to suppress are designed to keep evidence that is obtained unlawfully out of criminal cases, which is a critical component of our constitutional rights.
Will a successful motion to suppress lead to my case being dismissed?
A successful motion to suppress is likely to weaken the prosecution’s case against you, but that doesn’t mean they will dismiss it. If their case hinges on the evidence that you successfully suppressed, however, they could dismiss the case against you due to lack of evidence.
Often, however, the evidence that is suppressed is just one piece in the puzzle, and the prosecution simply reevaluates their legal strategy and proceeds accordingly. This could mean offering you an advantageous plea deal or lowering the charge against you, but it may not.
What if my motion to suppress is denied?
If your motion to suppress is denied by the court, the prosecution can proceed by using the evidence you were attempting to suppress in the criminal case against you.
Can the court’s decision regarding my motion to suppress be appealed?
Yes, if the suppression is granted, the prosecution can appeal the court’s decision. As the defendant, you can appeal a final guilty verdict in your case if you believe it was based on evidence that the court should have suppressed. In other words, you can indirectly appeal the court’s failure to suppress the evidence in your motion.
How do I prove that evidence was obtained unlawfully in my case?
Your skilled defense attorney will gather the evidence necessary to show that your rights were violated or that there were procedural errors made related to evidence gathering in your case. This often comes down to eyewitness testimony, video footage, and beyond.
Don’t Wait to Discuss Your Case with an Experienced Round Rock Criminal Defense Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard is a practiced Round Rock criminal defense attorney who will leave no stone unturned in his fierce defense of your rights and focused pursuit of your case’s best possible resolution.
For more information about what we can do to help you, please don’t delay contacting or calling us at 254-781-4222 to schedule your free consultation today