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 gathered in a manner that violated the defendant’s constitutional rights. Or perhaps the lawyer feels the evidence was gathered illegally. 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 defendant must 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 many reasons why a person needs a Chicago criminal lawyer. Contact us today so we can review your case and formulate a defense that best fits your scenario.