Can I Get A Confession Thrown Out Or Suppressed?
Confessions can be thrown out or suppressed, as they are tied to the Fifth Amendment right to remain silent. Many people believe that if the police did not read them their Miranda rights, then the whole case will be thrown out. However, Miranda rights come into play when a defendant is in police custody and subject to a custodial interrogation. If there is a confession made or a disclosure about a piece of evidence during that interrogation, then the confession could be thrown out using that tool. This is often referred to as the “fruit of the poisonous tree” doctrine, where the fruit is analogous to the evidence that police obtain illegally.
How Can A Successful Motion To Suppress Evidence Help My Criminal Case?
Motions to suppress evidence really help criminal cases because if evidence cannot be used at trial, then the jury will not know about it. As a result, there would be no way for the prosecution to prove their case. Motions to suppress are also helpful for DUI cases if we can argue that there was an illegal arrest.
In order to arrest someone, there has to be a warrant for their arrest or probable cause to arrest them. If there is an illegal arrest on a DUI and then they take a sample of the person’s blood or have them consent to the Intoxilyzer, then the results from those tests could be suppressed from evidence. If the prosecution cannot prove that the defendant had a blood alcohol concentration of 0.08 percent or higher, then they will have no case.
Can Either Side Appeal A Decision Made By A Judge On A Motion To Suppress Evidence?
Either side can appeal a decision made by a judge on a motion to suppress evidence. If the judge made a procedural or harmful error, then the prosecution or defense could appeal the judge’s decision to deny the motion to suppress and take it up to a higher court for consideration.
How Long Does It Take To Get A Decision On A Case?
Most decisions on motions to suppress are made within 45 to 60 days, but that will depend on the court’s schedule.
For more information on Getting A Confession Suppressed In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 309-6966 today.