When suspected of committing a crime, the police need to take the necessary steps to collect evidence in a way that does not violate your rights. For example, if they want to search your home, they need a warrant, probable cause, or consent to enter and conduct a search. If none of these elements are present, you may be able to file a motion to suppress evidence during your trial. Keep reading to learn more about this right and discover how Houston criminal defense attorneys can help you navigate this process.
What Does a Motion to Suppress Evidence Do?
A motion to suppress evidence is a motion that a defense attorney will file with the judge asking them to dismiss or suppress evidence against the defendant. Though it seems that all evidence should stand, if it was collected in a manner that violates constitutional rights or Texas law, it may be dismissed and not permissible in a trial.
This motion can suppress physical evidence, such as photos or weapons, confessions, and identification testimonies. However, this motion must be filed before the trial begins.
How Can It Help Me?
A motion to suppress evidence is beneficial, as it can dismiss potentially incriminating evidence from being presented during a trial. Your attorney will present an argument to the judge to convince them to suppress the evidence for a number of reasons. If the motion is successful, the prosecution be unable to use that evidence in court as proof of guilt.
In some cases, the evidence being suppressed may be substantial enough that the case is dismissed as a result. Often, without a key piece of evidence, the ability to prove guilt is diminished.
For example, if the police search your home without a warrant or probable cause and find drugs, your attorney can argue this violated your constitutionally protected right under the Fourth Amendment. This protects citizens from unlawful searches and seizures by law enforcement.
What Should I Do if I’m Facing Criminal Charges in Texas?
If you’re facing criminal charges, the most important thing you must do is stay silent. Unfortunately, many people who are arrested make the mistake of trying to prove and plead their innocence to the arresting officers. This inability to stay quiet leads many to incriminate themselves. Anything you say can and will be held against you in a court of law, and the officers will twist your words to prove your guilt.
When arrested, inform the officers that you are invoking the right to remain silent and want a lawyer.
At the Gonzalez Law Group, we can help you navigate criminal charges brought against you. Our dedicated legal team will do everything in our power to help fight for the best possible outcome for your circumstances.