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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.

How does my lawyer go about getting evidence suppressed from my federal case?

 

How Does My Lawyer Go About Getting Evidence Suppressed From My Federal Case?

Getting evidence thrown out in a federal criminal case can be tricky, but your lawyer has a few options depending on the situation. I’ll walk through some of the main ways a good defense attorney can get damaging evidence suppressed before your trial.

File a Motion to Suppress

The most common way for a lawyer to get evidence excluded is to file a written request called a motion to suppress. This asks the judge to keep out evidence that was obtained illegally or in violation of your Constitutional rights. For example, if the police searched your home without a warrant, your attorney could argue that the search was improper and all evidence found should be suppressed.

Your lawyer may file a motion to suppress for a few common reasons:

  • Your rights under the 4th Amendment were violated (illegal search or seizure)
  • Your 5th Amendment right against self-incrimination was violated (you weren’t Mirandized properly)
  • Your 6th Amendment right to an attorney was denied
  • Evidence was obtained through entrapment or other police misconduct

The motion has to clearly explain the legal basis for suppression and provide supporting facts. Your lawyer may need affidavits or testimony from witnesses. If the judge agrees your rights were violated, the evidence will be excluded from trial.

Challenge the Warrant

If evidence was seized from your home or business with a search warrant, your attorney can try to get it thrown out by legally challenging the warrant itself. This means picking apart the warrant application and showing there was no probable cause or reasonable suspicion for police to get the warrant in the first place.

For example, if the warrant was based on an anonymous tip that turned out to be false, your lawyer can argue the warrant was invalid and evidence should be suppressed. Attacking the warrant takes precision and attention to detail but can get results.

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
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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.

Object at Trial

Your lawyer may also try to exclude evidence by filing objections during the trial itself. When the prosecutor tries to introduce a piece of questionable evidence, your attorney can stand up and argue it should be excluded based on your Constitutional rights. This draws the judge’s attention to issues right as the evidence is being presented instead of months earlier in a pretrial motion.

Objecting this way might work if there’s a last-minute discovery of how the evidence was obtained illegally. But it’s always best for your lawyer to attack the evidence early on through a motion to suppress before trial.

Request a Franks Hearing

If your case involves a search warrant that was based on false or misleading information, your attorney can request a special hearing under Franks v. Delaware to challenge the warrant. At this hearing, your lawyer has to show that:

  1. There was a deliberate false statement made in the warrant application, or
  2. Important information was deliberately left out

If your lawyer succeeds, the judge may throw out evidence obtained with an invalid warrant. But Franks hearings have detailed requirements so your attorney needs to thoroughly understand the case law.

Exploit Legal Loopholes

For tricky cases, an experienced federal defense lawyer will get creative looking for new ways to get evidence suppressed. There may be cutting-edge legal arguments or loopholes to exploit even if the evidence was obtained legally. For example, your attorney could:

  • Argue there was no chain of custody for critical DNA or video evidence
  • Challenge the reliability or methodology behind an expert witness report
  • Claim prosecutors improperly instructed police how to collect certain evidence

An aggressive defense lawyer leaves no stone unturned in finding creative angles to get evidence thrown out pre-trial. Because without that evidence, the prosecution’s case could fold.

Negotiate a Plea Deal

As a last resort, your attorney may be able to negotiate with prosecutors to get charges dropped or reduced in exchange for a guilty plea. If the suppressed evidence significantly hurts their case, they may offer a better plea deal rather than go to trial with a weak case.

Of course getting charges dismissed entirely is ideal. But sometimes a plea to lesser charges is the best realistic option after your lawyer fights to suppress evidence behind the scenes. Every case is different.

Don’t Wait Too Long

It’s important to have an experienced federal defense lawyer challenge questionable evidence early through motions and hearings. Evidence that isn’t objected to promptly may be argued as admissible later on. So contacting a lawyer quickly when facing federal charges can increase the odds of getting key evidence thrown out.

Suppressing evidence through various legal procedures is a key defense strategy in federal cases. An adept lawyer knows how to attack illegal searches, faulty warrants, Constitutional violations, and other procedural defects at the optimal time. Getting critical evidence excluded from trial could make or break your case.

 

 
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