Suppression of Evidence in Criminal Cases

Treadaway & Treadaway March 13, 2017

Criminal defense is a complex practice area that requires in-depth knowledge of criminal law. One critical facet of criminal defense is the suppression of evidence, which can drastically affect the outcome of a criminal case.

Suppressing Evidence

In all prosecutions, the criminal defendant is innocent until proven guilty. This means that if you are charged with a crime, you are not required to prove your innocence. Instead, the government must present evidence that proves guilt beyond a reasonable doubt – the highest standard of proof in the law. Rules of evidence on the state and federal level govern the presentation of evidence, its scope, admissibility, use, and much more.

If a criminal defense attorney believes that evidence presented against you violates the Georgia evidence code, the State or Federal Constitution, or any other statutory or common law rules, he or she can file a pre-trial motion to keep that evidence from being admitted against you.

Common Legal Reasons for Excluding Evidence

There are numerous reasons for the exclusion of evidence, but these are some of the more common and well-known:

  • Illegal search and seizure

  • Hearsay

  • Miranda violation

  • Self-incrimination

  • Improper character evidence

At Treadaway & Treadaway, we will review the evidence against you to determine whether it violates these or any other evidence rules. Suppression of unlawfully-obtained evidence can weaken the government’s case against you, and this can help you in pre-trial plea negotiations or at trial.