Drug Charges and Suppressing Evidence

Kimberly2 1Author:

Kimberly J. Benjamin, Founder & Managing Attorney

Drug Charges and Suppressing Evidence

 The penalties for drug charges are severe. A conviction for drug crimes can cause individuals to face severe collateral consequences, including property loss, transportation, and economic possibilities.However, after being charged with drug-related offenses, if you believe the evidence was obtained illegally, you may be able to seek to suppress that evidence in court.Suppressing evidence means preventing it from being used in court. If the court finds that the drug evidence was obtained in an illegal search, such as an unreasonable seizure without a search warrant, it will likely be suppressed and cannot be used in the prosecution’s case in court.An attorney from Missouri DWI & Criminal Law Center could advise you regarding your Missouri charges. 

Evidence In Criminal Cases

 Evidence in criminal cases is used by the prosecution or criminal defense lawyer to prove or disprove a defendant’s guilt in a drug crime. The types of evidence presented in a criminal case may include the following:

  • Direct evidence directly proves a fact, such as an eyewitness testimony or a confession.
  • Circumstantial evidence does not directly prove a fact but can be used to infer an existence. For example, fingerprints found at a crime scene may be circumstantial evidence that can be used to link a suspect to the crime.
  • Physical evidence can consist of drug possession and tangible objects, such as weapons, clothing, or D.N.A. samples.
  • Exculpatory evidence is other evidence, such as a statement, that tends to explain away or justify a defendant’s possession of a controlled substance or exonerate them from any blame or guilt.
  • Documentary evidence is evidence in the form of documents, such as contracts, records, or emails.

It’s important to note that evidence of possession or trafficking in drugs needs to be obtained legally under reasonable suspicion by a police officer to be admissible in court. Evidence obtained through an unreasonable search, such as through unlawful searches, or seizure, is typically not admissible in court in a drug case. 

What Does Evidence Suppression Mean?

 Evidence suppression is a legal process by which certain evidence is excluded or removed from consideration in a trial. The prosecution or the defense cannot use the evidence suppressed during a trial for drug cases.Evidence suppression typically occurs when evidence is obtained illegally or in violation of a defendant’s constitutional rights. 

When Can Evidence Be Suppressed?

 Evidence could be suppressed in a criminal case if obtained illegally or violated a defendant’s constitutional rights, which can happen in a variety of ways, including the following:

  • Unlawful search and seizure
  • Miranda violations
  • Lack of probable cause
  • Violations of due process

 

How to File a Motion to Suppress Evidence

 Filing a motion to suppress evidence involves following these general steps:

  1. Consult with an experienced criminal defense attorney
  2. Draft the motion
  3. File the motion with the court
  4. Attend the suppression hearing
  5. Wait for the court’s decision

 

Common Reasons to Suppress Evidence

 A court may suppress evidence in a criminal case for several common reasons, including the following:

  • Violation of the Fourth Amendment
  • Violation of the Fifth Amendment
  • Violations of due process
  • Violations of state law
  • Chain of custody issues
  • Lack of probable cause

 

Why Work With a Criminal Defense Attorney?

 Working with a criminal defense attorney can be highly beneficial if you are facing criminal charges. They may be able to help with the following:

 

How a Missouri DWI & Criminal Law Center Lawyer Can Help

 When it comes to Missouri criminal offenses, hiring an attorney experienced in criminal law with knowledge of the Missouri legal process is vital. A Missouri criminal defense lawyer will take the time to explain charges, provide guidance, effectively defend against criminal charges, and vigorously protect your rights.Please take advantage of a free consultation and contact Missouri DWI & Criminal Law Center today.

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