Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 20th October 2023, 09:48 am
As a defendant in a federal criminal case, one of your most important constitutional rights is to be free from unreasonable searches and seizures under the Fourth Amendment. This means the government cannot use evidence against you that was obtained illegally, without a warrant, or in violation of your rights.
If the prosecution tries to use illegally obtained evidence, your defense attorney can file a motion to suppress that evidence. This prevents the evidence from being used against you at trial. Suppressing evidence could result in the case being dismissed if the remaining evidence is too weak for the prosecution to prove guilt beyond a reasonable doubt.
There are many ways investigators or police may obtain evidence illegally:
If the evidence was obtained improperly in any way, your attorney can argue it should be excluded under the exclusionary rule. This rule prohibits the government from using illegally obtained evidence against you in court.
Your attorney can file a motion to suppress at any point before or during your trial. However, it is best to file early on so any tainted evidence is excluded right away. Some common times a motion would be filed are:
The sooner the motion is filed and ruled on, the less likely it is illegal evidence will improperly influence the case against you.
When filing a motion to suppress, your attorney will have the burden to show the search or seizure was unconstitutional. This means proving:
If your lawyer meets this burden and shows the illegality of the search, the burden then shifts to the prosecution. The prosecution must demonstrate that the search and seizure was in fact legal and justified.
Some of the most common arguments a defense lawyer will make in a motion to suppress illegally obtained evidence include:
Your attorney may also argue your statements or confessions were involuntary due to coercion, threats, or inducements by the interrogating officers.
If the judge agrees to hold a suppression hearing, both sides will have the chance to present evidence and question witnesses related to the search or seizure. Some key questions may include:
After considering the evidence and arguments from both sides, the judge will decide whether the search violated your Fourth Amendment rights. If so, the judge will grant your motion and suppress the illegally obtained evidence.
If the judge denies your suppression motion, you can raise the issue again on appeal after conviction. An appeals court can overturn your conviction if it finds the trial court wrongly admitted illegally seized evidence. However, it is always best to get the evidence suppressed before trial if possible.
If you are charged with a federal offense and evidence against you was obtained illegally, contact a skilled criminal defense attorney immediately. An experienced lawyer can advise you of all possible grounds to suppress evidence and may be able to get charges dismissed. Don’t let unlawfully obtained evidence be used to convict you. Protect your rights with strong legal representation.
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