The United States and Indiana have strict laws dealing with the admissibility of evidence in court. If evidence is obtained illegally, an Indianapolis drug crime lawyer will file a motion to suppress it – a move that could effectively wipe out the prosecution’s case in ideal circumstances, especially with cases involving drugs.
What Is Illegally Obtained Evidence?
In the U.S. Constitution, the 4th and 5th Amendments require agents of the government, such as police, to follow due process in all drug cases. They often must secure warrants to search you or your belongings, but even in cases where they don’t need a warrant, evidence must still be gathered in accordance with the law.
If evidence is gained illegally – such as a forced confession or an improper search – it can be suppressed. Your Indianapolis drug crime lawyer will then file a motion and get a hearing.
What Is a Suppression Hearing?
It’s a pretrial hearing before a judge to determine if evidence is admissible in court. No jury is present at the hearing; it’s limited to the lawyers, judge and police officers involved in the case.
The officers will be required to testify about their evidence and your attorney will cross-examine them. You can also present evidence in support of suppressing illegally obtained evidence.
How Can It Help Your Case?
First off, evidence found to be gathered illegally will not be admissible at trial. If a major piece of evidence is thrown out, it can convince the prosecutor to drop charges right there without ever going to trial. Even things that seem unimportant can be the key to toppling a weak case by the prosecution.
Another possible benefit is that officers must testify under oath. If that testimony changes at trial, your attorney can impeach the witness, destroying their credibility with the jury. Officers are just as prone to making mistakes as any other human.
The suppression hearing is the best place for an Indianapolis drug crime attorney to kill the case against you. Drug cases often hinge on shaky evidence, so challenging it is always worth a shot. Contact Potts Law at (317) 951-0087 or fill out the online contact form.
