24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

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.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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!

 

Schedule Your Consultation Now