When a person is arrested and charged with a DUI, there is often quite a bit of evidence against them. The prosecution is not going to be as willing to prosecute a case if they do not believe they have sufficient evidence to win, so as much evidence as possible is gathered. However, this evidence might not actually be valid, which means a DWI Lawyer can use a motion to try to suppress the questionable evidence.
What Evidence Can be Suppressed?
Any evidence can be suppressed if it’s shown the evidence is not valid, was not lawfully obtained, or otherwise should not be used in the court case. Evidence against the arrested person cannot be dismissed because they don’t want it used. There needs to be a reason to suppress the evidence that is legally founded.
What is Needed to Suppress the Evidence?
The arrested person’s lawyer will need to file a motion to suppress the evidence. With this motion, they will need to include the evidence they want to have suppressed as well as the reason for it to be excluded from the case. For example, if there is evidence that was unlawfully obtained, the attorney will file a motion stating what evidence was unlawfully obtained and why it is considered unlawfully obtained.
How Much Evidence Can be Suppressed?
There is no limit on how much can be suppressed. If the evidence falls under something that can be suppressed, the lawyer can file a motion to have it suppressed. They can file this for every piece of evidence in the case as long as they have a valid reason for doing so.
How Does Evidence Suppression Lead to a Dismissal?
When evidence is suppressed, it cannot be used in a trial against the arrested person. If sufficient evidence is suppressed, there is not a way to convince a jury the person is guilty beyond a reasonable doubt. This makes it harder to obtain a conviction, so the prosecution or judge may be willing to dismiss the case based on a lack of evidence.
Every case varies, so it’s important to speak with a DWI Lawyer as soon as possible. Click here to learn more about evidence suppression and to find a lawyer who is ready to get started working on your case today. You can also visit them on Google+.