Challenging illegal evidence stops the jury from seeing any physical evidence or confessions that could otherwise negatively affect the outcome of your case. To know what evidence to challenge and how to do it, turn to our lawyers for help.

We can challenge illegal evidence by filing a pre-trial motion to suppress it in a Pennsylvania court. We will be specific the grounds on which we are challenging the evidence. The prosecution must prove that it legally obtained the evidence; otherwise, the judge may grant the defendant’s motion to suppress. Bring any rights violations during searches of your property or custodial interrogations to our attention so we can address them for you.

For a free and confidential case analysis from our Philadelphia criminal defense lawyers, call the Liberty Law Team today at (215) 826-3314.

How Can You Challenge Illegal Evidence in a Pennsylvania Court?

There are rules to challenging illegal evidence in Pennsylvania, rules that our lawyers know and can follow.

File a Pre-trial Motion

To challenge illegal evidence and stop the prosecution from using it against you, our Bucks County, PA criminal defense lawyers can file an omnibus pre-trial motion to suppress. This motion is filed in the same court where you will be tried and must be filed before the trial, so the jury never sees the illegal evidence.

Specify Grounds for Suppression

In a pre-trial motion to suppress evidence, you must specify the grounds for suppression and any supporting facts. For example, if the evidence in question were obtained through an illegal search and seizure, we would cite that as the reason for our motion. We could then explain how law enforcement never had a judicial warrant, lacked your consent, and that no exigent circumstances applied.

There are other reasons to challenge evidence and have it suppressed, and our lawyers can identify which applies best to your situation.

Attend Suppression Hearing

After we file our motion to suppress illegal evidence, a hearing will be scheduled. This hearing can happen before or during the trial, but never in the presence of the jury. Even though the defendant files the motion to suppress, it’s the prosecution’s burden to prove that the evidence was legally obtained and not in violation of the defendant’s constitutional rights.

Defendants sometimes also testify at evidence-suppression hearings. They can describe what happened during a coerced confession or when the police searched their property without a warrant. The judge then decides whether or not to allow the evidence at trial.

Why Can You Challenge Evidence in Pennsylvania?

Any evidence obtained in violation of your rights is illegal and can be suppressed from trial with our lawyers’ help.

Illegal Search and Seizure

Defendants commonly challenge evidence obtained through illegal searches and seizures, which violate their Fourth Amendment rights. If law enforcement did not have a warrant to search your person or property, any evidence resulting from the illegal search should be suppressed and inadmissible at trial.

Only in specific, rare situations can the police not need a warrant or your consent for a search. If the police ask for your consent to perform a search, don’t give it.

Miranda Rights Violations

Tell our lawyers if you recall officers reciting your Miranda rights before a custodial interrogation. If you weren’t informed of your right to remain silent or your right to an attorney, any incriminating statements you made during an interrogation should be inadmissible, and our lawyers can challenge them with pre-trial motions.

Coerced Confession

If police misconduct resulted in a coerced and false confession, that confession can be kept from jurors and suppressed. Tell us if police officers physically threatened or assaulted you, or if they tricked or pressured you into confessing to a crime you didn’t commit.

Chain of Custody Issues

Evidence must have a clear chain of custody to be admissible in a criminal trial. Otherwise, there is no way to prove authenticity. If any of the physical evidence used in the prosecution’s case has breaks in the chain of custody or other documentation or storing issues, we can challenge it on your behalf so it can’t be used against you at trial.

Violation of Rules of Evidence

Some evidence cannot be including in a criminal trial simply because it violates the Rules of Evidence. This could involve hearsay testimony, improperly obtained or tainted scientific evidence, and improper records, for example.

FAQs About Challenging Illegal Evidence in a Pennsylvania Court

When Should You Challenge Illegal Evidence?

Challenge illegal evidence by having our lawyers file a motion to suppress before the trial begins. If new evidence is introduced during the trial, we can challenge its admissibility then.

Do You Need a Lawyer to Challenge Illegal Evidence in Pennsylvania?

Without an attorney’s help, you may not realize certain evidence against you is illegal and should be inadmissible, and could, without filing a motion to suppress, end up with a harsher consequence than necessary.

What Happens if a Motion to Suppress is Granted in Pennsylvania?

If a motion to suppress evidence is granted, the jury can never see or hear anything related to that evidence. So, if a coerced confession is suppressed, the prosecution can’t speak of or allude to it.

What Happens if a Motion to Suppress is Denied in Pennsylvania?

If a motion to suppress is denied, the prosecution can use it as admissible evidence in your trial. In this scenario, we may undermine the prosecution’s evidence with expert witness testimony and questioning of our own.

Can You Challenge Illegal Evidence After You Are Convicted?

You can appeal your conviction based on suppression issues if you believe the judge wrongly denied our motion to suppress illegal evidence that shouldn’t have been used against you.

What Are Common Examples of Illegal Evidence?

Evidence collected in violation of your Fourth, Fifth, and Sixth Amendment rights is illegal and inadmissible at trial, including evidence from warrantless searches and coerced confessions.

We Can Help You Challenge Evidence in Pennsylvania

Call the Montgomery County, PA criminal defense lawyers of the Liberty Law Team at (215) 826-3314 for a free case review.