Blogs from August, 2020

Just because you have been arrested for an alleged crime does not mean you are guilty. You may be able to avoid conviction by omitting certain evidence from trial by filing a motion to suppress evidence – with the help of an experienced criminal defense attorney.

The suppression of the right evidence – or all the evidence – can result in either the judge dismissing your case before trial or the jury to acquit you in court. During the discovery phase of a criminal case, your lawyer will obtain and assess all the evidence that will be used against you by the prosecutors and how the state gathered the evidence.

Here are several examples of how evidence can be suppressed:

1. The evidence was collected by unlawful search and seizure – Every U.S. citizen has a Fourth Amendment right to due process, which includes protections against unlawful search and seizure. If the police failed to establish probable cause or obtain a warrant before gathering evidence at the scene of the alleged crime, then any evidence collected is considered inadmissible in the courtroom.

2. The confession was obtained without Miranda warnings – When law enforcement officials place a suspect in custody, they must read their “Miranda rights” before they start interrogating or questioning. An officer is required to inform people of their right to remain silent and how anything they said can be used against them later in the trial. The Fifth Amendment protects U.S. citizens against self-incrimination, so failure to read a person’s Miranda rights means any confessions after the arrest are admissible.

3. The evidence was mishandled by law enforcement and the court system – The evidence collected at the crime scene must be properly documented and cared for until it’s presented in court. If the evidence has been lost, mislabeled, or otherwise tampered with during the chain of custody, then it lacks credibility and will be inadmissible.

4. The evidence was inaccurate – When it comes to DUI arrests, suspects are required to take a post-arrest chemical test (i.e. breath or blood test) to determine their blood alcohol content. However, the results from these tests can be questionable, especially if law enforcement officials administer the test incorrectly or fail to properly calibrate the testing device prior to administration.

If you or a loved one has been arrested in Reno, NV, contact the Law Offices of Kenneth A. Stover today for a free consultation. Discuss your case with a former prosecutor immediately!