Understanding the Motion to Suppress in Court
When you’ve been charged with committing some type of crime in the Houston, Texas area, you’ll have the opportunity to speak out against those who are accusing you of committing such a crime in the first place. It may be possible to ask the court to avoid presenting some evidence in the courtroom, especially if it was illegally obtained. When having this type of evidence thrown out, the process is typically referred to as a motion to suppress the evidence that could potentially make you look like you’re guilty of the crime.
Defending Your Rights
You should know that you do have rights as an individual who lives in the United States. It’s even in the Constitution! Individuals are protected from having evidence used against them that was obtained in an illegal manner, which may include searching a home or property without a warrant or a legitimate reason to look around the building in the first place. Before the police can enter a property and start searching, they need to have a good reason to do so.
Police officers can’t just search through your car. Although they may give off that impression to those who aren’t aware of the laws or their rights as citizens of the United States, they have no reason to look through a vehicle without having legitimate probable cause. If the office violates your Fourth Amendment rights as a human being, you may be able to look into the possibility of having evidence suppressed simply because the evidence wasn’t gathered in a legal manner. Upon reviewing the motion, the judge will likely throw out the evidence, which may mean the case gets thrown out altogether.
Understanding How It All Works
It’s important to understand what a motion to suppress is and how it all works, but it’s also important to know that not all motions are accepted. In some instances, there may be enough legally obtained evidence to use against you in a court of law, thus keeping the charges going until you end up going to a trial or agreeing to a specific deal. There are some exclusions, which may include an officer obtaining evidence without a warrant because he or she had a reason to believe something was going on inside the property at that moment.
If you’re being accused of a crime, make sure you hire a DWI attorney in Houston Texas. The attorney will review the case and find out if he or she is able to file a motion to suppress due to some of the evidence gathered against you being obtained illegally. It helps to have an attorney working on the case with you because he or she will try to get you out of as much trouble as possible.
Call us now or contact us today for more information.