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When might evidence be suppressed in a criminal case? 

On Behalf of | Mar 28, 2023 | Criminal Defense

You’re facing criminal charges and this is a very worrying time. The police and prosecution say that you have been charged based on the evidence against you. 

The thing about evidence is that it should be tested, and this is exactly what your legal representatives can do for you during your case, both before and during the trial. In some situations, the court may deem evidence to be inadmissible. Here are some of the common reasons why:

The evidence was obtained unlawfully 

Some criminal cases are built upon the evidence that was obtained during a search and seizure. Your home, property or person cannot be searched randomly or in a prejudicial manner. The police must go through the appropriate channels, such as obtaining a valid search warrant before entry. If they failed to do so then the search could be classed as unlawful, making anything seized during the search inadmissible. 

One of the most compelling pieces of evidence that the prosecution can have is a confession. Nonetheless, a confession should always be obtained voluntarily and without the accused being placed under duress. If it is found that a confession was coerced, then it may be thrown out by the court. 

The evidence is excluded as “hearsay”

With the best of intentions, numerous witnesses may have come forward to testify in your case. The trouble is, they didn’t see what happened. They’ve heard rumors from other people, they thought they heard strange noises on the night of the alleged incident, but they didn’t actually see anything. Hearsay evidence is not reliable and it tends to be deemed inadmissible in criminal cases. 

To be convicted you must be proven guilty beyond all reasonable doubt. This means that the evidence against you must be strong. Seek legal guidance to find out more about how to challenge the evidence in your case.