Understanding Motions to Suppress Evidence in Nebraska Criminal Cases
In a criminal prosecution, the State bears the burden of proving the defendant's guilt beyond a reasonable doubt. To achieve this, the State collects evidence to present at trial. However, not all evidence collected by the prosecution may be admissible in court. As a defendant, your attorney might file a "Motion to Suppress" to challenge the admissibility of certain evidence.
Here's an overview of what a motion to suppress entails and how it could impact your case.
Pre-Trial Overview
The period following a defendant’s arrest and arraignment, but before the actual trial, is known as the pre-trial phase. This phase is critical, as it involves extensive preparation by both the prosecution and the defense.
Prosecution: Continues to gather and review evidence to build a strong case against the defendant.
Defense: Analyzes the evidence collected by the prosecution, develops defense strategies, and identifies any evidence that may be challenged or excluded.
What is a Motion to Suppress?
A Motion to Suppress is a legal motion filed by the defense, requesting that the court exclude certain evidence from being presented at trial. This motion argues that the evidence in question was obtained in violation of the defendant’s constitutional rights or through improper procedures.
Grounds for Suppressing Evidence
Several legal grounds can be used to argue for the exclusion of evidence. Some of the most common include:
Illegally Obtained Evidence
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. Typically, law enforcement must obtain a warrant based on probable cause to conduct a search. If a search is conducted without a warrant or does not meet the exceptions to the warrant requirement, any evidence obtained may be excluded under the Exclusionary Rule.
Chain of Custody Violations
For evidence to be admissible, it must be properly handled and documented from the moment it is collected. This is known as maintaining the chain of custody. If there are gaps in this chain or if the evidence was not preserved correctly, the integrity of the evidence could be compromised. For example, blood samples that are not properly stored or logged could be deemed unreliable and thus inadmissible.
Illegally Obtained Statements
Miranda Rights ensure that individuals are aware of their rights when being questioned by law enforcement. If an individual is interrogated without being read their rights, any statements made may be inadmissible in court. This includes seemingly innocuous questions asked without proper Miranda warnings.
The Impact of a Motion to Suppress
If your attorney files a Motion to Suppress, a hearing will be scheduled where both sides present their arguments. The judge will then decide whether to grant or deny the motion.
Granted Motion: The evidence specified in the motion will be excluded from the trial, potentially weakening the prosecution’s case.
Denied Motion: The evidence will be allowed, and the defense must address it during the trial.
Why It’s Important to Have Legal Representation
Navigating the complexities of a criminal case requires expert legal knowledge. An experienced criminal defense attorney can:
Identify and argue for the exclusion of unlawfully obtained evidence.
Develop a strong defense strategy to challenge the prosecution’s case.
Ensure that your constitutional rights are protected throughout the legal process.
If you’re facing criminal charges and believe that some of the evidence against you was improperly obtained, it is crucial to seek legal counsel. Contact Clinch Law Firm today to learn more about how we can assist you. Call (402) 908-5699 or send an email to jerry.clinchlawfirm@gmail.com to get started.
