As an individual facing criminal charges, you may feel anxious, nervous, or downright terrified. This is why the Probst Law Offices in Columbus wants to share one more piece to the criminal defense process so that you can remain informed. Knowing how the process works may bring you some peace of mind.
In this article, we’re going to share what suppression hearings are and what to expect during one. We want you to get the best outcome possible, and we strongly encourage you to get a criminal defense attorney if you’re facing criminal charges. Call Probst Law Offices today!
How do Suppression Hearings Work?
A suppression hearing is a scheduled court hearing where the defendant can raise defects in arrests, constitutional errors, and search warrants. This process is primarily focused on the defendant getting evidence thrown out or excluded from the case. Each suppression hearing is on the record and held before a judge.
While the defendant can raise concerns, the prosecutor carries the burden of establishing probable cause in the raised defect by the defendant. Arrests or search and seizures of evidence can all be called forward for examination.
During a suppression hearing, law enforcement officers and other witnesses can be cross-examined to determine the validity of the prosecutor’s charges.
Which Types of Cases Can Include Suppression Hearings?
It’s important to understand that suppression hearings can be utilized in any of the following types of cases:
- Minor traffic offenses
- OVI or drunk driving cases
- Drug crimes
- Violent crimes
- White collar crimes
Reasons a Court May Suppress Evidence
When you hire a criminal defense attorney from Probst Law Offices, you will go through a suppression hearing. It’s imperative that all the evidence built against you is reviewed and suppressed as necessary. Here are reasons a court may suppress evidence:
Unlawful Search and Seizure
Your Fourth Amendment rights protect you against unlawful search and seizures. If a law enforcement do not have a proper search warrant, they are not allowed to search or seize any of your property. In a case where unlawful search and seizure has taken place, the evidence gathered is motioned to be excluded or dismissed.
Failure to Read Miranda Rights
The law requires that law enforcement read “Miranda rights” to individuals in custody prior to questioning or interrogation. These rights inform the individual in custody that they have the right to remain silent, that anything they say can and will be used against them in a court of law, and that they have the right to an attorney. An individual who is prompted to confess or share information prior to be read their Miranda rights have had their rights violated.
Chain of Custody Errors
How documentation, evidence, and information is transferred and handled between its seizure at the time of arrest to its appearance at trial is important. The “chain of custody” is all of the steps this information, evidence, or documentation it must go through to make it from location of seizure to the trial. Any mishap of information while in the custody of law enforcement can call for a motion to suppress the evidence.
Are you facing criminal charges? It’s time you call Probst Law Offices in Columbus to get criminal defense attorney representation.