Suppression of Evidence and Your Legal Defense

Being accused of a crime is overwhelming. But it is important to remember that you are innocent until Pennsylvania state or federal prosecutors prove otherwise. At Decker Bradburn, Attorneys at Law, in State College, our criminal defense attorneys are fierce advocates for our clients’ rights. We approach every case proactively, especially when it comes to crafting and preparing your state or federal criminal defense strategy. Just because we are the defense, doesn’t mean that we don’t take the offense whenever possible, this includes attacking the government’s evidence against you to protect your rights.

Innocent Until Proven Guilty and the Burden of Proof

In the state of Pennsylvania, the U.S. government can bring criminal charges for federal crimes, or the District Attorney, on behalf of the Commonwealth of Pennsylvania, can bring charges for state crimes. Regardless, anyone accused of a crime and facing criminal charges is presumed innocent until proven guilty beyond a reasonable doubt.

Motions to Suppress Evidence in Pennsylvania

In the state of Pennsylvania, the defendant has the right to request that the state’s evidence be suppressed. Prior to trial, the defense can file a motion describing the evidence that should be suppressed and set forth the legal grounds for its suppression. Legal grounds for suppressing evidence include:

• Illegal search and seizure: If the police are gathering evidence, they have to conduct it in a way that protects your constitutional rights. This means that if the police conducted an illegal search to obtain evidence, it can be suppressed.
• Failure to honor the defendant’s Miranda rights: A defendant has the right to remain silent. Police are required to tell you that anything you say could potentially be used as evidence in a case against you. If a defendant was not notified of their Miranda rights, any evidence obtained as a result can be suppressed.
• Protection from coercion or involuntary confession: Investigators may not coerce a client into a confession, and any confession must be provided voluntarily. If there is evidence that investigators coerced a defendant, that confession can be suppressed.

If a motion to suppress evidence is successful, federal prosecutors or district attorneys will not be allowed to present that evidence to a jury when and if the case goes to trial.

Evidence That Can Be Suppressed in a Criminal Case

Depending on the facts and circumstances of the case, various types of evidence can be successfully suppressed before a criminal trial. Examples of evidence that can be suppressed include:

• In a drug possession case or a DUI case, if the officer lacked a reasonable suspicion, such as a traffic violation, to stop or detain the defendant, any evidence gathered during the illegal traffic stop can be suppressed.
• For a DUI case, if the method for determining your blood alcohol content was faulty or the proper protocols for testing your blood alcohol content were not followed, the evidence obtained can be suppressed.
• If a police officer does not provide the defendant with a Miranda warning, anything that the defendant says or any evidence gathered after the warning should have been provided can be suppressed.
• When police search your home or vehicle without probable cause, any evidence of a crime that they uncover connecting you to a crime can be suppressed.
• If the defense can prove that a witness was unreliable, biased, or faulty, any statement made by that witness connecting you to a crime can be suppressed.

Our criminal defense attorneys have successfully argued for the suppression of evidence in several different cases. Once the potentially condemning evidence is suppressed, the District Attorney may not even have enough evidence to proceed to trial and may be forced to dismiss the case altogether.

Accused of a Crime? Contact a Criminal Defense Attorney Today

If you are facing criminal charges, we encourage you to contact us promptly. The sooner you have an experienced criminal defense attorney working on your behalf, the sooner your rights will be protected and the better chance you have at preserving your future and your freedom. We offer free consultations for prospective clients. You can schedule your free appointment by calling our office at 814-308-8895 or by sending us an email through our website.