A single piece of evidence could mean the difference between a dropped charge and a conviction by a Mississippi jury. However, the prosecution’s evidence isn’t always admissible in court. Your attorney might be able to get your charges dropped if the judge rules that the evidence must be thrown out.
Can you suppress evidence?
The state must adhere to a strict set of procedures when they arrest you, search your belongings or accuse you of a crime. You have the right to a fair trial, and the trial can’t possibly be fair if the judge allows the prosecution to present evidence that they obtained illegally. Your criminal defense attorney might file a motion to suppress the evidence if they believe that the prosecution violated your rights.
For example, the judge might suppress evidence that the police obtained during an illegal search. Even if the evidence would prove that you committed the crime, the police can’t break the law to obtain evidence. As a result, the judge might throw the evidence out of the case and treat it like it never existed.
A judge could throw out evidence if the police searched your belongings without a search warrant or probable cause. They might also throw out evidence if the police failed to read your Miranda rights while they arrested you. Additionally, a judge might throw out evidence if the police accidentally mixed up your evidence with someone else’s or otherwise handled it improperly.
How can you get evidence thrown out in court?
Not all evidence can be suppressed, even if the police obtained it through illegal means. For example, a judge might rule that the evidence can stay if another independent party provided the same evidence. Your attorney could figure out which pieces of evidence should stay and which pieces of evidence should go.