private criminal justice

Topics: Law, Appeal, In limine Pages: 4 (1442 words) Published: October 10, 2013


Carla Belisario
Criminal Evidence
09/15/12

Defending the client and making sure that this case is dismissed would be a great outcome to this case. However, in order to do this we must make sure that the evidence does not enter the court room. The first point that we will acknowledge in this case is that in order for the evidence to not be admitted into court is by filing a “Motion to Suppress” the evidence presented by the prosecution. A motion to suppress is a motion that is usually filed on behalf of the defense to prevent evidence into a trial ((n.d.). Legal Dictionary). In this case a motion could be filed to suppress the evidence because in this case the evidence at question was obtained in violation of defendants constitutional rights. If the judge still decides to allow the evidence the attorney can then request an Evidentiary Hearing, in which he will present his arguments for having it allowed or dismissed. The opposite side will also be heard and they will offer their arguments as to why it should be admitted into court. Based on the arguments the judge may or may not reverse his decision. The problem with evidentiary hearings is that the judge must first grant the hearing (n.d.). Legal Dictionary.). If the judge grants it, there is still a chance that the judge will not go back on his decision. If the evidence is still allowed into trial and the trial is lost. The attorney can file a motion to appeal the case to the appellate courts, the reason for the appeal would be based on the fact that the evidence mentioned was not admitted into the trial the first time and it was crucial for the case. After studying that argument, the Court of Appeals may, or may, not grant such a hearing. If the judge still insists on admitting the evidence into trial then when the evidence is presented if I was the attorney representing this client I would express to the judge that the police officers violated my client’s constitutional rights...

Bibliography: Gardner, T. J., & Anderson, T. M. (2013).Criminal evidence: principles and cases(8th ed.). Belmont, Calif.: Wadsworth Cengage Learning.
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Fruit of the Poisonous Tree legal definition of Fruit of the Poisonous Tree. Fruit of the Poisonous Tree synonyms by the Free Online Law Dictionary.. (n.d.). Legal Dictionary. Retrieved September 13, 2012, from http://legal-dictionary.thefreedictionary.com/Fruit+of+the+
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