Arizona DUI & Criminal Defense Attorney Blog
When someone is charged with an Arizona crime, they have the ability to file a motion to suppress, challenging the admission of evidence that the prosecution plans to introduce at trial. In essence, a motion to suppress argues that certain evidence obtained by police was done so in violation of the defendant’s constitutional rights. Most often, motions to suppress are litigated in Arizona drug cases or cases in which there was a weapon recovered. However, a motion to suppress can be argued any time that evidence is illegally seized or when a statement is illegal taken.
One important aspect of a motion to suppress is the concept of standing. Standing refers to the defendant’s ability to argue a motion to suppress. In order to bring a motion to suppress, the defendant must have standing. Standing is a complex legal concept, but at its most basic it requires a defendant to have a subjective expectation of privacy in the place searched. In addition, that sincerely held expectation of privacy must be one that is recognized by society as reasonable. For example, a defendant who tosses a gun into a trash can as police drive by may not have standing to bring a motion to suppress. This is because the defendant abandoned the gun, eliminating any expectation of privacy that he may have otherwise had.
If the court grants a motion to suppress, the challenged evidence cannot be admitted at trial. In many cases, this results in the prosecution withdrawing the case because there is no longer sufficient evidence to prove the case. However, there are cases in which a successful motion does not end the case. For example, a motion to suppress may preclude only some of the evidence from admission.
While many motions are argued to preclude the admission of physical evidence, a defendant’s statements may also be targeted by a motion to suppress. For example, if a defendant gives a statement to police or detective while being subject to custodial interrogation without being advised of their Miranda rights, the statement may be inadmissible. This is because the criminally accused have the right to remain silent, and the right is infringed upon if they are not advised of their rights. There are many other situations in which a statement or evidence can be suppressed, and those who have been charged with a serious criminal offense should discuss their case with a dedicated Arizona criminal defense attorney.
Have You Been Arrested for an Arizona Crime?
If you have recently been arrested and charged with a serious crime in Arizona, Attorney Novak can help you defend against the allegations you face. Attorney Novak is a dedicated Tempe criminal defense attorney with extensive experience handling all types of cases, including Arizona gun cases, drug crimes, as well as other serious Arizona felony offenses. Attorney Novak represents clients in Phoenix, Tempe, and throughout Maricopa County. To learn more about how Attorney Novak can help you defend your freedom, call 480-413-1499 to schedule a free consultation.