Exclusion of Evidence

Many of the above listed defenses are fact specific and therefore may not be applicable to many criminal offenses.  If a defense is not applicable the focus needs to shift to looking at whether any statutory or constitutional violations have occurred.  If such violations have occurred, the accused will need to file a motion to suppress any evidence obtained in violation of those rights within forty days of arraignment.   A successful motion to suppress will exclude any evidence for use at trial which was illegally obtained.  Motions to suppress gernally focus on illegal searches and seizures, illegally obtained statements or confessions (i.e. Miranda violations), violations of a person’s right to place telephone calls following arrest, violations of a person’s right to obtain independent chemical testing, and situations where the accused was coerced or involuntarily provided incriminating evidence.

Suffice it to say that not all of the above listed defenses will be available in any given case, however often times at least one of the above listed defenses will have some applicability to a person charged with a crime.  Therefore, it is imperative that anyone facing a criminal offense contact qualified legal counsel to determine the best course or strategy for defending your case. 

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