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Can You Get The Evidence Against Me Thrown Out of Court?

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney

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CAN YOU GET THE EVIDENCE AGAINST ME THROWN OUT OF COURT?

 

If law enforcement violated your constitutional rights in obtaining the evidence that the prosecutor now wants to use against you, your attorney can file a motion to suppress that evidence and keep it out of court. This Information Sheet answers common questions about motions to suppress and explains how this powerful
defense tool can be used to your advantage.

What is a “motion to suppress”?

A “motion” is a formal (usually written) request filed with the court. A motion to suppress is a request that the court toss out or “suppress” certain evidence in a criminal case.

What types of evidence can be suppressed?

Evidence that was unlawfully obtained, in violation of your constitutional rights, is subject to suppression. This includes:

• Tangible physical evidence (e.g., a weapon, drugs or drug paraphernalia, clothing, a computer)
• Testimonial evidence (e.g., statements you made to the police, including an alleged “confession”; or statements overheard by the police)
• Out-of-court identifications, by means of a photo array, mug shot review, lineup or show-up.
• Evidence that is derived from unlawfully obtained evidence.

What are the common legal grounds for a motion to suppress?

The United States Constitution establishes your fundamental rights in relation to the criminal justice system. These rights include:
• The right to be free from unreasonable searches and seizures;
• The protection against self-incrimination, so that you cannot be forced to be a witness against yourself;
• The right to an attorney to assist in your defense; and
• The right to due process of law and equal protection under the law.
• If those rights are violated, you may have grounds for a motion to suppress.

What types of situations might support a motion to suppress?

Common situations that may support a motion to suppress include, for example:

An unlawful search and/or seizure, which may occur if:

• Officers had no warrant in a situation in which a warrant was required;
• Officers had a warrant, but it was defective or flawed;
• Officers had a proper warrant, but it was improperly executed;
• Officers were not legally on the premises where the evidence was seized;
• The search exceeded the area specified in the warrant;
• The search went beyond the items specified in the warrant.

An unlawful out-of-court identification, which may occur if the process used to identify you as a suspect or perpetrator — e.g., having the witness review mug shot books or a photo array or line-up at the police station – was unfairly prejudiced against you.

A break in the chain of custody. Detailed procedures are in place to safeguard evidence and ensure it is not tampered with from the moment it is seized until the moment it is brought to court. If these procedures – referred to as “chain of custody” rules – are not strictly followed, then your right to due process may have been violated and your attorney may have grounds for a motion to suppress.

An unlawful interrogation. You may have been subjected an unlawful interrogation if:

• You were not advised of your rights;
• Officers continued to question you after you requested an attorney;
• The conditions of the interrogation rendered your statements unreliable;
• You were subjected to physical force or threats during an interrogation.

 

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“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

Experienced Phoenix DUI Attorney

Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.

When is a motion to suppress usually brought?

A motion to suppress is usually filed before trial, once your attorney has had an opportunity to review the police report and other evidence; interview you; and conduct an independent investigation.

My lawyer filed a motion to suppress. What happens next?

The judge will either rule on the motion immediately, based on sworn statements and other evidence filed with the motion, or set a date for a hearing.

What happens at the hearing?

At the hearing, the judge will hear testimony from witnesses and legal arguments from the attorneys. The prosecutor will call law enforcement officers to testify about what happened during their encounter with you. Your defense attorney then will have the opportunity to cross-examine these officers. The goal of cross-examination is to show that the officers’ testimony is unbelievable because of bias; a motive to lie; an inability to observe what they claimed to have observed; or impaired perception. Your attorney can also undermine an officer’s credibility by showing that his testimony at the hearing is inconsistent with what he wrote previously in his police report.

In addition to law enforcement officers, other witness also may be called to testify as to what happened during the police encounter (e.g., persons who were present when officers entered your home or the passenger in the car with you when you were pulled over).

What happens if I win the motion to suppress?

If the judge rules in your favor, then the evidence at issue in the motion will be banned from court (“suppressed”). This means the prosecution cannot use it in court to try to prove its case against you. The prosecution still is allowed to try to prove its case using other evidence. If, however, the evidence that was suppressed is so crucial to the prosecution’s case that there is insufficient evidence remaining to prove the charges against you, the judge might decide to dismiss one or more of the charges or even the entire case. At the very least, winning a suppression motion may result in a better plea offer.

What happens if I lose the motion to suppress?

If you do not win the motion to suppress, then the case continues moving forward toward trial. However, even if you lose the motion, this process can be valuable to the final outcome of your case. After all, a motion to suppress gives your criminal defense lawyer an opportunity to learn more about the prosecution’s case against you; to observe the prosecutor’s style and demeanor in court; and to see how the officers involved react to cross-examination. All of this will be will be of great assistance at trial.

What can I do to help my lawyer win the motion to suppress?

Tell the truth – the whole truth. Motions to suppress are won or lost on specific facts. Your lawyer needs a detailed and accurate account of exactly what happened in your encounter with law enforcement. Remember that your conversations with your lawyer are protected by the attorney-client privilege, so the substance of those conversations is confidential. Be scrupulously honest and tell your lawyer the whole story. Details that may seem unimportant to you may be highly relevant to your lawyer.

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

Experienced Phoenix DUI Attorney

Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.

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We help keep GOOD people out of jail — Future First Criminal Law is your top choice for competitive criminal defense and DUI law firms. Our practice is limited to a small number of criminal defense clients to best devote all of our time and attention to EVERY client’s needs. We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court.

  • Clients Are Our #1 Focus
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Have you been involved in DUI? Contact an attorney today to protect your rights and freedoms. They can help you gain an understanding of the criminal defense legal process and learn about the options available to you. Create a thorough defense strategy to give you your best chances — Schedule a free consultation.

 

Find The Right Phoenix, AZ DUI Attorney For Your Case

If you need a DUI attorney in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges. Find a knowledgeable DUI attorney who is willing to educate and advocate through every step of the legal process. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Request a free consultation today.

54+ Five-Star Google Reviews

Allen Hsu, Attorney

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”

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54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney