Filing a Motion to Suppress
Have Your Rights Been Violated in a Criminal Law Case?
Law enforcement must be careful in every detail of the arrest process.
If during the arrest process, a person's rights are violated, it is
possible that the evidence obtained by law enforcement will not be admissible
in court. A motion to suppress can be filed with the court as a formal
request to have certain evidence excluded from the proceedings. Under
the U.S. Constitution, as well as under the Texas Constitution, and other
specific laws, certain rights of individuals are protected. When any of
these rights are violated, it opens the door to the possibility of having
certain evidence suppressed. You are protected against violations of your
4th Amendment rights, which allow you to be protected from unreasonable
search and seizure. Police make mistakes.
At The Zendeh Del Law Firm, PLLC, we should review your case immediately
to determine if your rights were violated, or if any other errors occurred.
The number of times this occurs is far more than you might expect. Human
beings can make errors, and when it is law enforcement, this can open
the door for your defense, or even result in a full dismissal of charges.
When the crucial evidence against you was obtained illegally, a motion
to suppress must be filed by your Plano
appeals attorney immediately.
Contact us today for more information about your legal options!
Miranda Rights, Search and Seizure & Illegal Stops
If you were the target of a criminal investigation, and you were interrogated,
it is critical that you are aware that you have the right to an attorney.
Once you ask for a lawyer, the interrogation must end at once until the
arrival of your defense counsel. When you are arrested, you must be read
your Miranda Rights, under the law. There have been many cases in which
a person of interest was pressured for hours and finally made a false
confession due to the duress, confusion, and fear that they experienced.
No matter what your situation is, you can be confident that the
criminal defense team at The Zendeh Del Law Firm, PLLC can assist you. We are zealous defenders
of the rights of the criminally accused, and we are prepared to act quickly
if any violation of rights has taken place. We know what to look for and
how to best present a formal motion to suppress to the court in order
to improve your chance of success.
Suppressing Evidence in a Plano Criminal Case
When an arrest has been made, it is imperative that you have a criminal
lawyer review every detail of the case against you. This can allow your
attorney to identify any violations of your rights that may have taken
place at any step of the process. For example, a rights violation could
occur when you were initially stopped by police. If you were not exhibiting
any criminal or suspicious behavior, you cannot be pulled over (except
in the special situation of a roadside checkpoint). If you were driving
within the speed limit, were not endangering others by unsafe driving
conduct, were not guilty of any minor infraction, you have the right to
be safe from being stopped without probable cause.
If your home, office or other area was searched and evidence was obtained
without a search warrant, your rights may have been violated by an illegal
search and seizure. If so, any evidence obtained should not be allowed
to be presented to the court in your case. In many cases, a successful
motion to suppress brings the entire case to an end, as the prosecutor
no longer has the evidence needed to convict. We urge you to contact our
firm at once for information about your case. We believe that every person
accused of a crime should have the best possible defense. We fight for
our clients from start to finish. Find out if it may be possible to file
a motion to suppress in your case.
Contact our Plano criminal defense law firm today for the help you deserve!