If your criminal proceedings are slowly approaching, you may be attempting to think of any and every defense you can take for the accusations against you. With this, you may want to consider a motion to suppress evidence. Read on to discover what this motion exactly is and how a seasoned Bergen County, New Jersey criminal defense lawyer at The Law Office of E. Gregory Cannarozzi can help determine whether this is relevant to your case.
What is the motion to suppress evidence?
Put simply, a motion to suppress evidence is a type of motion filed with the criminal court when you have reason to believe the evidence that the state has against you was illegally obtained through an unlawful search, seizure, or otherwise. If this motion is successful, the criminal judge will remove this evidence from your proceedings.
Say, for instance, that your criminal proceedings are in regard to your DUI accusation. And say that the law enforcement officer that pulled you over had no reasonable suspicion or probable cause to stop and detain you. With this, you may file a motion to suppress so that the evidence obtained at your stop and detaining can be discarded, which may include your field sobriety test results, your breathalyzer test results, and your blood and urine test results.
How does this motion help my case?
If your motion to suppress is granted, then your competent New Jersey criminal defense lawyer will have more leverage to negotiate a plea agreement with the prosecutor. What’s more, the state may even drop the charges against you or give you a “not guilty” verdict at your trial. Ultimately, can make or break your chances of being dismissed from a jail sentence or a prison sentence.
But even if the result is not dropped or dismissed charges, it can significantly change the landscape of your trial. This is because it can still exclude potentially incriminating evidence or it can still dismiss the potential of higher charges.
You must understand just how much weight the potential penalties have on every aspect of your life. And so, we strongly encourage you to consider the possibility of a motion to suppress evidence. In addition, we strongly recommend that you retain legal representation from a competent Bergen County, New Jersey criminal defense lawyer as soon as you learn about the accusations against you. So pick up the phone and schedule your free initial consultation with The Law Office of E. Gregory Cannarozzi today.