DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Three ways to block the prosecution’s evidence

On Behalf of | Aug 8, 2023 | Criminal Defense

If you’ve been charged with a criminal offense, then you might be worried that the evidence against you is insurmountable. As a result, you might find yourself in a spiral of worry, concerned about the penalties that could befall you. While these are legitimate concerns that you should take seriously, you shouldn’t give up on your criminal defense and agree to a plea deal off the bat. After all, you might have strong criminal defense strategies at your fingertips that could allow you to beat the prosecution.

Suppressing evidence in your criminal case

One way to devastate the prosecution’s case is to find a way to block its evidence from being admitted against you at trial. There are several circumstances that may allow you to do this, including the following:

  • Illegal traffic stop: If the police lacked the requisite reasonable suspicion necessary to conduct a traffic stop, then their action was illegal. As a result, anything the police do after that point is illegal, too, including seizing incriminating evidence. Therefore, if you were subjected to an illegal traffic stop, then you’ll probably be able to suppress the evidence that was gathered at that time.
  • Chain of custody errors: The prosecution has to demonstrate that any physical evidence being used against you hasn’t been compromised. Pointing out errors in the collection and storage of evidence could lead to suppression.
  • Failure to appear at a deposition: You have the right to question witnesses prior to trial through the deposition process. But if the prosecution’s witnesses fail to show to a deposition despite being subpoenaed to do so, then you might be able to block their testimony altogether.

Find an effective criminal defense strategy that works for you

Evidence suppression is just one tactic that you can deploy in your criminal case. That’s why as you prepare to dive into your case, be sure to take a holistic approach to give yourself the best chance possible of winning your case.