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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:

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Criminal Defense Strategies: Motion to Suppress Evidence in Arizona

Motions to Suppress Evidence for Criminal Charges

The Arizona Rules of Procedure for criminal cases allows for the defendant to file a “Motion to Suppress” evidence in under specific circumstances. If a justified reason exists, your defense counsel, will file a “Motion” for the court to consider suppressing or disallowing the prosecution to use certain evidence against a defendant.

The motion must be justified and not frivolous. If the court agrees, to suppression of material evidence against a defendant, it often leads to a dismissal of charges.

Reasons Motions to Suppress May Be Filed

Some are numerous basis on which motions to suppress evidence may be filed. Below are some common circumstances for which these motions may be filed by the defense:

  • No “Probable Cause” for search warrant;
  • Unlawful search and seizure of evidence;
  • Field Sobriety Tests (FSTs) conducted were not recognized by NHTSA;
  • DUI or Drug Test evidence was compromised due to violations in administration, processing, transport, storage or labeling;
  • Breathalyzer Tests results were questionable;
  • Arrest was based solely on the results of a Portable Breath Test (PBT);
  • Evidence was mishandled by investigators;
  • Independent Expert testimony raised “reasonable doubt”;
  • Police or other witness’s testimony was biased;
  • Police violated a constitutional rights during the process of gathering the evidence

Motions to Suppress May Lead to Dismissal of Charges in Mesa

If evidence is suppressed, and the prosecution is unable to use it against a suspect, their case is severely compromised, which often leads to a dismissal of charges. Filing a Motion to Suppress Evidence is a legal move that should be executed by a qualified and experienced criminal attorney. It is part of the overall criminal defense process. It must be justified, and executed in accordance with Arizona Rules of Criminal Procedure. It is always a good idea to consult and retain proper legal representation to defend your Mesa AZ criminal charges. This will increase your chance of getting a favorable outcome in your case.

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