What is Exclusionary Rule and How Can it Help with Your Criminal Defense?

If you are charged with any type of crime, there is no question that it you may be facing an overwhelming and confusing situation. Keep in mind, this is exactly what the prosecuting attorney wants you to feel. However, as a defendant, you are not helpless. Just because there is evidence against you, which has resulted in the criminal charge, it doesn’t mean that you can’t hire a criminal defense attorney and build a case that helps protect you from the consequences of the crime you have been charged with.

Regardless of the crime you have been charged with, there are always ways you can “poke holes” in the case. The best thing you can do is hire a criminal defense attorney, who may be able to use rules and laws to suppress evidence or even have the charges you are facing dismissed or reduced.

Understanding the Exclusionary Rule in Criminal Defense Cases

One way your attorney may help to reduce the evidence that has been gathered against you is by using the exclusionary rule. This rule gives the court the ability to exclude certain incriminating evidence against an accused person from being used during a trail if there is any proof that the evidence being considered was collected in a manner that violated the U.S. Constitution. This rule allowed the defendant to challenge evidence and sometimes have it excluded from being used in the case.

Additional Rules that Assist with Criminal Defense Cases

Something that can work alongside the exclusionary rule when building a criminal defense is the fruit of the poisonous tree doctrine. This also works to help exclude certain evidence. With this doctrine, the court can exclude evidence from a trial that had been gathered in a manner that violated the Constitution. Also, it can help to exclude any evidence that happened to be gathered during an illegal search.

Evidence and Your Criminal Defense

A factor that your attorney is going to explain is that even if they are unable to use the exclusionary rule, or the defense of the fruit of the poisonous tree, it doesn’t mean that the prosecution will have enough evidence to prove that you are guilty beyond a reasonable doubt. As a result, it is imperative that you hire an attorney who understands the law and how to build a criminal defense to help protect you and your freedom. While there are no guarantees when facing criminal charges, there are steps that can be taken to help you avoid serious consequences, regardless of the criminal charges you are facing.

If you have been charged with a crime, it is imperative that you take the time to find a criminal attorney who will be able to help you build a successful defense. Keep in mind, not all attorneys are created equal, so it is best to find one that has experience handling cases similar to yours.

If you need help with the criminal charges you are facing, contact our team of attorneys at The Law Office of Paul J. Donnelly, P.A. by calling (305) 757-3331.

Additional reading

Aggravated Assault With a Firearm: Understanding Florida Gun Crime Laws

You’ve Been Charged With DUI: What Do You Do Now?