Fighting to Exclude Evidence in Philadelphia Criminal Trials

Fighting to Exclude Evidence in Philadelphia Criminal Trials

If you’ve been charged with a crime in Philadelphia, one of the most important things your defense attorney can do is file a motion to suppress – that is, a request to the judge to throw out evidence that was obtained illegally. Getting damning evidence excluded from your trial could be the difference between a conviction and an acquittal.

But how does the suppression process actually work? And what kinds of evidence can you realistically hope to get tossed? Let’s break it down.

The Basics of Suppression Motions

In Philadelphia, suppression motions are governed by Rule 581 of the Pennsylvania Rules of Criminal Procedure. The key things to know are:

• Your lawyer can file the motion orally at trial, but it’s better to file a written motion before the trial starts.
• The motion goes to the judge alone; there’s no jury for suppression hearings.
• At the hearing, the prosecution has to show that the evidence was obtained legally.
• If the judge agrees that the evidence was obtained illegally, it will be excluded from your trial.

Suppressing Different Types of Evidence

Defense lawyers typically try to get three main categories of evidence thrown out:

Statements You Made to Police

If the police questioned you without reading you your Miranda rights or forced you to confess, your statements could potentially be suppressed. But you’ll need to show there was actual coercion.

Eyewitness Identifications

If the witness identification procedure was overly suggestive – for example, if you were the only suspect in the lineup – the ID might get tossed. But most judges set a high bar here.

Physical Evidence

If the police searched your home or car without a warrant or probable cause, physical evidence seized could potentially be excluded. But again, the judge may find the search was legal anyway.

As you can see, getting evidence suppressed is challenging even with an experienced defense lawyer. The police and prosecution will argue strenuously that they followed all protocols and obtained the evidence properly.

But in some cases, filing a suppression motion is absolutely critical to defending yourself effectively; you need to try every avenue to keep unfairly prejudicial evidence out of court.

Other Exclusion Arguments

Beyond traditional suppression motions, your attorney may also argue that certain evidence should be excluded because:

• It’s more prejudicial than probative – meaning it will unfairly bias the jury against you.
• The chain of custody wasn’t properly maintained – so the evidence could have been tampered with or contaminated.
• The testing methodology was flawed – this often comes up with breathalyzers in DUI cases.
• It violates the attorney-client privilege – such as recordings of phone calls you made to your lawyer from jail.

An aggressive defense lawyer leaves no stone unturned in finding ways to get evidence excluded. It’s all about controlling what the jury hears and giving yourself the best shot at an acquittal.

The Bottom Line

Filing a motion to suppress evidence can often make or break your criminal case in Philadelphia. If your attorney succeeds in getting key evidence excluded, it could poke major holes in the prosecution’s case and lead to dismissal of charges or an acquittal at trial.

So if you’re facing criminal charges, find an experienced local defense lawyer who knows the judges and how to craft persuasive suppression motions. An effective motion could save your case!