You may think you are done for when facing drug charges with seemingly incriminating evidence stacked against you. However, this may not necessarily be the case. Some of the prosecution’s evidence may be inadmissible in court, and a judge may exclude it from your case following a successful motion to suppress.
A motion to suppress is a request made to the court during pre-trial hearings to keep certain evidence from being used in a criminal trial. If granted, the affected evidence will not be part of your case, meaning it will not be considered by the judge or jury when rendering their verdict, nor can the prosecution use it in their arguments.
Common grounds for filing a motion to suppress
A motion to suppress is generally based on the argument that evidence, though relevant, was obtained in violation of one’s constitutional rights. It could be evidence obtained through an illegal search and seizure or a forced confession. Such evidence may be struck out of a case, given that it was obtained unlawfully. Similarly, the court may suppress evidence if there are doubts about its authenticity, integrity or reliability due to mistakes by law enforcement when the evidence was in their custody.
It can weaken the prosecution’s case against you
Excluding key evidence from your drug charges trial can make it harder for the prosecution to prove its case beyond a reasonable doubt. This can increase your chances of an acquittal. In some cases, the prosecution may opt to reduce your charges or even drop them instead of going to trial with a weak case. A successful motion to suppress can also strengthen your position in plea bargains, given that the prosecution may no longer hold all the cards.
Reaching out for legal guidance when facing drug charges can help you to accurately assess the legality or admissibility of the evidence against you, determine if a motion to suppress is appropriate and work to protect your rights. As such, making this effort can significantly increase the odds of achieving the best possible outcome for your case.