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Can you suppress drug evidence being used against you?

On Behalf of Law Offices of John Patrick Ryan | Jan 21, 2021 | Drug Charges

Drug charges can turn your life upside down. Mere allegations can damage your reputation, and a criminal conviction can strip you of your freedom and leave you with a criminal record that can touch nearly every aspect of your life, including your ability to find and hold a job as well as secure housing and an education. With so much at stake it’s imperative that you do everything you can to defend yourself against aggressive prosecutors who want to obtain a conviction, whether through plea-bargaining or trial.

Can you suppress the evidence being used against you

Depending on your circumstances, you might have multiple criminal defense options at your disposal. Amongst them is suppressing the evidence that the prosecution intends to use against you. Prosecutorial evidence might be deemed inadmissible at trial if it was illegally obtained, which could mean one of a number of things. First, it could mean that the evidence was seized without a valid search warrant and no exception to the search requirement applies.

It could also mean that the evidence was collected after some other illegal police action, such as a traffic stop without cause. Here, the evidence seized may be considered tainted by illegality on law enforcement’s part, thereby rendering it inadmissible at trial. This is known as the fruit of the poisonous tree doctrine.

Evidence might also be suppressed if you can show issues with regard to chain of custody. The state is required to show that a proffered exhibit is what it purports to be, which means showing that it passed through the hands of law enforcement officers without being compromised. In some instances there are glaring errors here to draw the validity of a piece of evidence into question.

Give your case the thorough analysis it deserves

Too many criminal defendants are quick to accept plea bargains without fully assessing the merits of the prosecution’s case. Even if the evidence seem mounted against you, you might have viable criminal defense options The best way to ensure that you’re knowledgeable about those options and make an informed decision about how you want to proceed may be to discuss your unique set of circumstances with a criminal defense attorney with a track record of successfully defending individuals against drug charges.