When facing criminal charges in Savannah, the evidence in your case is not automatically allowed in court. Some evidence can be challenged and kept out entirely if it was obtained or handled in a way that violates your rights. At Phillips Carson Phillips, we look closely at how the State built its case, because what gets excluded can change everything about the outcome.
What It Means When Evidence Is Thrown Out in a Criminal Case
When evidence is thrown out in a criminal case, it means the judge has decided the jury will not be allowed to see or hear it. This usually happens because the evidence was collected in a way that breaks constitutional protections or Georgia law. If key evidence is excluded, the prosecution may lose much of its case or even be forced to dismiss charges.
How Illegal Searches and Seizures Can Lead to Suppressed Evidence
Under the law, the police have a process for collecting, cataloging, and handling evidence for it to be accepted in court. The requirements for this are strict, and evidence can be thrown out or suppressed if the process is not followed exactly.
For example, the police cannot just search your home or car for evidence. They have to get a warrant or have probable cause to even enter your residence or car. Then they have to follow an evidence-collection process or risk having it thrown out. In many cases where evidence is suppressed, a lawyer can prove that the police conducted an illegal search, thereby making all the evidence inadmissible in court.
When Police Fail to Follow Proper Arrest Procedures in Georgia
An arrest has to follow specific legal procedures. Officers must have probable cause and carry out the arrest lawfully. If police make an arrest without sufficient cause or violate required procedures during the arrest, any evidence gathered as a result may be subject to challenge. In some situations, even statements made after an improper arrest can be excluded from court.
Why Miranda Rights Violations Can Affect What the Court Allows
If you are taken into custody and questioned, law enforcement is required to inform you of your Miranda rights. You have the right to remain silent, so that you don’t incriminate yourself by saying things that you shouldn’t, and the right to legal counsel.
Failing to read your rights or violating the process by questioning you after you requested legal counsel can result in any evidence they collect being thrown out. That can significantly weaken the prosecution’s case, especially if they were relying on your words.
How Traffic Stops and Investigations May Be Challenged in Court
Many criminal cases in Georgia begin with a traffic stop. That stop must be based on a lawful reason that can be proven in court, like committing a traffic violation or there being reasonable suspicion that you committed a crime.
If the stop itself was not valid, everything that follows may be challenged. This includes field sobriety tests, searches of the vehicle, and anything officers claim they discovered during the stop.
What to Expect When Working With Phillips Carson Phillips on Evidence Issues
At Phillips Carson Phillips, we are committed to providing you with the best criminal defense possible, including tactics such as suppressing illegally obtained evidence. We carefully review every step of how evidence was collected in your case. You have rights, and the police cannot violate them in an attempt to address a crime.
Contact Phillips Carson Phillips by calling (912) 232-0081 for a free consultation. We are here to help you protect your rights and build the best possible defense.