Suppressing Evidence at Trial
Keeping the Record Free of the Evidence That Can Convict You
As experienced trial lawyers, we know that controlling the evidence that a jury sees can make the winning difference in court. Keep in mind that the prosecution bears the burden of proof in a criminal case. Our job as defense counsel is therefore to keep damaging evidence out of the trial record to the greatest extent possible.
While many rulings on evidence are made on the spot by trial judges, we'll usually have the chance in a pretrial motion to seek the suppression of the most important evidence against you. Jeannie Michalski's past experience as a Monroe County Assistant District Attorney helps her to evaluate the strength of a motion to suppress the evidence in drug or DWI cases.
Contact the law firm of Jeannie D. Michalski LLP in Rochester to learn how our experience with suppression issues can help point the way toward the dismissal or significant reduction of serious criminal charges. Our lawyers make a thorough investigation of the facts surrounding an arrest, a search, a seizure or a confession. If we identify mistakes in the way the case against you was put together, we can ask the judge for an order of suppression.
Call 585-351-2500 for Advice About Suppression Issues
Our techniques for identifying suppression issues and presenting them to the court can undermine the prosecution's ability to prove guilt beyond a reasonable doubt. Examples of the situations that might support a motion to suppress evidence of guilt include:
- Police stop of a motor vehicle without any reasonable suspicion of wrongdoing
- Arrest without probable cause to suspect the defendant of a crime
- Seizure of drugs from a defendant's house or car without a warrant
- Discovery of drugs on a defendant's person through a search that went beyond permissible limits
- Use of a confession while a suspect was under arrest but before a Miranda warning
- Use of a confession obtained after a suspect clearly requested an attorney's advice
The key to success in a suppression motion is to convince the judge that the evidence of guilt — drugs, cash, toxicology results or a confession — was obtained in violation of law or the suspect's constitutional rights.