As we have often discussed, one powerful tool that criminal defense attorneys can employ is the motion to suppress incriminating evidence. When a trial court grants a defendant’s motion to suppress, the jury never sees the evidence that the defendant has asked the court to keep out of the trial record. These motions, when successful, can make all the difference for defendants in New York, and they often help defendants win their cases.
How do you know if you, as the defendant, should be filing a motion to suppress? There are several flags that should alert you that there might be grounds for the trial court to suppress incriminating evidence in your case. These include: an unlawful encounter with the police, an officer’s failure to give Miranda warnings, errors in a field sobriety test, and problems with how the State handles evidence before it is admitted in court. Generally, if the prosecutor wishes t0 use incriminating statements, physical evidence or a police arranged identification as evidence at trial, an experienced criminal defense lawyer will include a request for suppression of that evidence as part of their omnibus motion.
It is also true that if you think there might be a chance the court could grant your motion to suppress, it is often better to present the motion than to hold back. In a recent case before a New York court, the defendant appealed her guilty verdict, arguing she received ineffective assistance of counsel when her attorney failed to file a motion to suppress that could have been successful. The court granted the defendant’s appeal, concluding that the defendant’s attorney failed her by not asking the court to suppress evidence that investigators found in a search that might have exceeded the scope of their warrant.
To guard against this issue, hire an aggressive, experienced, and well-regarded New York criminal defense attorney that you know will get your case right the first time around. If your attorney is well versed in the motion to suppress, he or she will know when to get the motion in front of the judge, giving you the best shot at keeping incriminating evidence out of the trial record entirely.
Do You Need a New York Criminal Defense Attorney by Your Side?
At Tilem & Associates, we work relentlessly to make your case as strong as possible when you are fighting criminal charges in New York. We understand that when your freedom is on the line, you do not want to settle for any legal team but the best. Our group of fierce New York criminal defense attorneys is well-versed in fighting for the rights of our client community, and we are proud to handle a wide range of criminal cases. With almost three decades of criminal law experience, Mr. Tilem and his team have the skills, experience, and knowledge to win your case.
For a free and confidential consultation with a New York criminal defense attorney at Tilem & Associates, you can reach us by phone at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding your next steps. Our team handles cases related to driving under the influence, firearms, violent crimes, theft, drugs, and more.