You have rights. Both the United States Constitution and the Constitution of the Commonwealth of Pennsylvania have provisions protecting their citizens from unlawful search and seizure. Most people are aware they have rights, but don't know what to do when those rights are violated. If the police violate your rights, seize your person and investigate your things without probable cause or legal justification, what happens then? Thousands of Americans each year are put in this scenario, and they find themselves sitting in a jail cell awaiting a preliminary hearing on drug charges or other criminal charges where the sole evidence was obtained in violation of their Constitutional rights.
Merely having rights isn't going to protect you from criminal charges unless you have an intelligent, qualified attorney who knows how to assert them. In cases where evidence against you was obtained illegally by a violation of your rights, the only remedy may be suppression of the evidence. Suppression of the evidence is done by a motion for suppression contained in an Omnibus Pretrial Motion, the contents of which is governed by Pennsylvania Rule of Criminal Procedure 581.
At the suppression hearing, the burden is on the Commonwealth to establish that the evidence the defense is seeking to suppress was not obtained in violation of the defendant's constitutional rights. This is shown by presenting testimony and evidence at the hearing and meeting their burden of proof by a preponderance of the evidence. At the conclusion of the hearing, the judge will enter on the record the courts findings of fact and law, and enter an order either denying or granting the suppression motion. Successful suppression of the evidence often leads to an eventual null prosse or dismissal of the case due to insufficient remaining evidence.
There is a huge slate of intricate issues to assess when determining whether a suppression motion is appropriate and will be successful. Improper basis for warrants, lack of probable cause, Miranda Issues, improperly conducted Terry searches, and so many more issues may form the basis for a suppression motion to have wrongfully obtained evidence excluded from use against you. This evidence may include contraband, confessions, witness statements, identifications, blood alcohol results in a DUI case, and other types of evidence.
The law of the land governing suppression of the evidence has a long and complicated history stemming back to the beginnings of the Commonwealth. You need the services of an experienced attorney who knows how to assert your constitutional rights. Attorney Frank Walker is a Top 100 Criminal Defense Attorney who has dedicated his life to fighting for the rights of the citizens of Pennsylvania and West Virginia. Don't let law enforcement walk all over you! Call Frank Walker today! Call (412) 31-7441 for our office in Pennsylvania or dial (304) 712-2089 to reach our West Virginia office.