Arizona DUI & Criminal Defense Attorney Blog
In the state of Arizona, criminal defendants can request that the court excludes from trial certain evidence obtained in violation of a defendant’s rights. If you have been charged with committing a crime in Arizona, you may file a motion to suppress physical evidence if you believe specific rights granted from either the United States Constitution, the state constitution, or a statute are violated. Filing a motion to suppress can serve as an essential tool for disputing charges as a defendant.
For example, if police officials obtain evidence in violation of a criminal defendant’s Miranda rights, successfully requesting suppression of any evidence prior to trial would bar the prosecution from using it against the defendant once the trial commences. Another example is if a police officer illegally arrests you without reasonable suspicion or probable cause.
If this evidence turns out to be important for the prosecution’s case and if the motion to suppress is successfully granted by the court, the exclusion of certain evidence could lead to a dismissal of the charges against the defendant. For example, if you are able to suppress a gun in an Arizona weapons case, the prosecution cannot proceed without the evidence, meaning they will often drop the case against you.
In order to file a motion to suppress, a person must have standing. A person has standing if they are able to demonstrate a connection to the harm and that the harm stems from the violated right. A criminal defendant or defense attorney must make a motion to suppress in advance of a criminal trial. The court will then hold a hearing, where both the prosecution and the defense have the opportunity to present additional evidence in support of why the evidence in question should or should not be included before the judge decides to either grant or deny the motion.
While the process of successfully filing a motion to suppress physical evidence can be tricky, having an experienced defense attorney can make a huge difference in the outcome of a criminal case. For example, an experienced attorney will know how to effectively cross-examine police officers, drawing out any inconsistencies in their testimony from police paperwork. An attorney will also know all the relevant state and federal laws governing police officers’ conduct and be able to explain why the police officers’ actions—intentional or not—violated your rights.
Have You Been Arrested for an Arizona Crime?
If you are facing criminal charges in Arizona, and suspect that physical evidence was gathered in your case in violation of your rights, contact the Law Office of James Novak. Attorney Novak is an experienced Arizona criminal defense attorney who has expertise in handling serious offenses and has extensive knowledge on strategically utilizing motions to suppress to help criminal defendants. Attorney Novak takes the time to listen to your side of the story before coming up with a compelling defense to whatever charges you are currently facing. To learn more, and to schedule a free consultation, call 480-413-1499 today.