One of the most powerful tools available to a criminal defense attorney in a New York State criminal case is a motion to suppress evidence. This might be something that you're not fully educated on. Suppressing evidence is a process that happens all the time. You might be curious as to what types of criminal cases this is allowed for and what happens after it's suppressed. That's what we are here for! To educate you so that when the time comes for us to defend you, you understand how everything works, and it makes our job easier.

In this blog, we will take a look at common criminal cases that can be won by suppressing evidence in New York State.

How Does Evidence Suppression in Court Work?

So how does it work? Suppression occurs when a criminal court determines that evidence obtained by law enforcement is in violation of a defendant's rights. When this happens, a prosecutor is prohibited from using it in a trial. In some cases, suppression leaves the prosecution without sufficient proof to proceed, which results in a defendant's charges being reduced or dismissed entirely. 

Under New York Criminal Procedure Law Article 710, defendants may seek suppression of evidence obtained through unlawful searches and seizures, involuntary statements, improper identification procedures, unlawful electronic surveillance, certain improperly obtained chemical test evidence, and evidence derived from those violations. Prosecutors rely on evidence gathered during police investigations, and a successful suppression motion can dramatically alter the outcome of a case.

To learn more, go to the official New York State Senate website to read up on the different sections within this law here!

Common Criminal Cases You Can Win By Suppressing Evidence

There are several common criminal cases unique to New York State where you are allowed to suppress evidence presented in court, so let's run through what those are!

Drug Possession

Drug crimes are one of the most common cases won by suppressing evidence in New York State. In cases like this, law enforcement has to keep several things in mind when they charge these cases. Depending on the circumstances, police must have the level of legal justification required for the particular search or seizure, such as a warrant, probable cause, reasonable suspicion, valid consent, or another recognized exception to the warrant requirement.

To give an example of one of those scenarios, if an officer stops a vehicle without reasonable suspicion and searches the driver's pockets without justification, the defendant may seek suppression of any drugs recovered, and the court may exclude that evidence if it finds the stop or search violated the defendant's rights. 

Once that happens, prosecutors will have no physical evidence linking the defendant to the alleged offense, making dismissal of the case a more likely outcome. We talk more about drug possession charges on our Drug Crime page!

Weapons Charges

Weapons charges are another case where evidence can be suppressed in a way that's similar to drug possession charges because a firearm could be discovered during police searches, vehicle stops, or if they search your home.

To that point, here in New York, courts do carefully examine whether police had a lawful basis to stop someone. If a firearm is recovered from a stop and search, the court can suppress the weapon from the pool of evidence. These cases revolve heavily around law enforcement doing the right thing in many of these circumstances. 

In illegal firearm possession cases, the firearm itself is a critical piece of evidence. If the weapon is suppressed, the prosecution's ability to prove the charge may be significantly weakened, depending on what other evidence remains. Proving possession beyond a reasonable doubt can become extremely difficult for the prosecution. As a result, successful suppression motions play a central role in how we defend against weapons charges. 

Read more about this on our Weapons Charges page!

DWI Charges

In the case of a DWI charge, it's no different from weapons charges and drug possession charges. Police must have a lawful basis to stop a vehicle, such as observing a traffic violation or having reasonable suspicion that criminal activity is occurring. The evidence gathered afterward includes observations of intoxication, field sobriety test results, statements made by the driver, and potentially other chemical test results, which may be subject to suppression. 

Read more about this on our DWI/DUI Defense page!

And remember, winning a suppression motion in a case does not automatically result in dismissal. Keep this in mind, that's important! If drugs, firearms, confessions, identification testimony, or other critical evidence are excluded, the prosecution may be unable to establish guilt beyond a reasonable doubt. In those situations, prosecutors may reduce charges, offer favorable plea agreements, or dismiss the case entirely.

For defendants facing criminal charges in New York State, the circumstances surrounding a criminal case should be carefully examined to determine whether constitutional and statutory requirements were followed. An experienced criminal defense attorney will carefully evaluate whether a suppression motion may provide the strongest path toward a favorable outcome.

That's where DuBois Law comes in! We are the experienced criminal defense attorneys you need to find that favorable outcome. We defend in all kinds of common cases that this blog speaks to. If you want to learn more or are looking for legal representation, give us a call or reach out through our contact form, and we will get back to you as soon as possible!

Criminal Defense FAQ

Does winning a motion to suppress evidence automatically mean my case will be dismissed?

Winning a motion to suppress evidence does not automatically result in dismissal. However, if evidence such as drugs, firearms, a confession, or identification evidence is excluded, the prosecution may have difficulty proving the case beyond a reasonable doubt. Depending on the remaining evidence, charges may be reduced, a favorable plea offer may be made, or the case may be dismissed entirely.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.