When a defendant retains a criminal lawyer, the lawyers spend a lot of
time preparing to defend their client. From reviewing the particulars
of the case, reviewing the law and interviewing their client, a lot goes
into trying to get the best results possible.
One important aspect of a criminal defense lawyer’s job is reviewing
the evidence. When evidence is introduced during the discovery stages
of a criminal case, the defense attorney can file a motion to suppress
if he feels the evidence was gatheredin a manner that violated the defendant’s
constitutional rights. Or perhaps the lawyer feels the evidence was gatheredillegally.
The presiding judge decides whether or not to grant the motion.
Evidence that a criminal defense lawyer commonly questions on the grounds
of constitutional rights include search warrants, confessions, arrests
and eyewitness identifications. For example, during an arrest, the law
dictates that a defendantmust be read his Miranda rights before law enforcement
can legally obtain a confession. A defendant who confesses before being
read his rights self-incriminates himself.
Search warrants not signed by a judge and applied based on probable cause
results in an unlawful search and seizure, and this is another reason
a criminal defense lawyer may file a motion to suppress. When collecting
eyewitness identifications, law enforcement should only consider those
identifications under careful and fair circumstances. When filing a motion
to suppress, a defense lawyer can base his motion on both the violation
of state and federal constitutions.
Challenging the evidence gathered in a criminal case is just one of the
why a person needs a Chicago criminal lawyer.
Contact us today so we can review your case and formulate a defense that best fits