Suppressing Evidence in a Arizona Drug Possession Case

Surely you realize that the purpose of evidence is to convince the court and you should be aware that the stronger your evidence, the more chance that you have of proving your case. Suppressing evidence is a tactic that can prevent the prosecution from bringing their strongest evidence to trial. This tactic can be used to defend you against an Arizona drug possession charge.

Why Evidence Is Suppressed

In most cases, the prosecution's strongest evidence is something that was obtained by law enforcement officials, such as drugs or a video tape. The manner in which those officials got that evidence matters, because in Arizona, the court is generally not allowed to consider illegally obtained evidence. When law enforcement officials do not adhere to the laws that dictate their behavior, their actions are unlawful and any evidence that they collect during that time is illegal. If a motion to suppress is filed on your behalf for this reason, you can have the court forbid the prosecution from introducing that evidence in court.

The Decision To Suppress

A motion to suppress is a request that is made to the court. Both parties to the case will be required to appear at a hearing. They will present arguments for what the evidence in question should or should not be admissible It is the judge who has the final say.

Before Filing The Motion

The best way to file a motion to suppress is with the assistance of a lawyer. Conviction in a drug possession case can result in a lengthy prison sentence in Arizona. You should not take any action until you have consulted with a legal professional and advised how you should proceed. If you have not already done this, you need to schedule an appointment immediately.