Is it possible to suppress evidence in a weapons crime case?
Yes, suppressing particularly damning evidence is definitely a possibility for those named in a weapons crime case. However, you should be aware that it might be difficult and that you will probably need a skilled criminal defense attorney by your side. When it comes to the suppression of evidence, the matter of the defendant’s guilt or innocence is not at question. Rather, it is a perfectly legal and acceptable way in which lawyers defend their clients.
Like many other states, Maryland has taken a strong stance against crimes that involve weapons. Even a simple gun possession charge could mean serious consequences if the defendant is convicted. Suppressing evidence is an effective tactic a defense lawyer can use to best represent his or her client.
The first step in suppressing evidence in a criminal proceeding is first identifying how this evidence was collected and handled. If you and your lawyer can show that the evidence was gathered illegally, there is a very good chance the court will dismiss this evidence. Below is a list of reasons a court may allow your defense team to suppress evidence against you.
— You were not read your Miranda Rights during the arrest
— The evidence was gathered during an illegal search and seizure
— The chain of custody involving the evidence against you was broken
As you might expect there are exceptions to the reasons above. However, when you are facing weapons crimes charges, it is always worth the effort to explore every defense option available to you. Proper representation combined with filing a motion to suppress evidence can greatly increase the odds of coming through your ordeal successfully.
Source: FindLaw, “How to Suppress Evidence,” accessed Nov. 02, 2016