66) What is a Motion to Suppress Evidence? ~ Michael A Haber Miami Criminal Lawyer

March 8, 2016 / Michael A. Haber /

Thank you for asking me “What is a Motion to Suppress Evidence?”

A motion to suppress is a formal, written request that a judge enter an order excluding certain evidence from being admitting at trial.

Motions to Suppress are based upon “The Exclusionary Rule”, which prevents the government from using illegally gathered evidence. This occurs when evidence is obtained in violation of any of your constitutional rights.

Evidence is typically suppressed due to 1) a 4 Amendment violation for an Unlawful Search and Seizure, 2) a 5 Amendment violation for Failure to Read you Miranda Rights, 3) a 6 Amendment violation for impeding your right to counsel or for 4) procedural Chain of Custody Errors.

An example of 4 Amendment violation is that the cops force you out of your car and search it without a warrant; An example of a 5th Amendment violation is that the cops take you into custody and interrogate you without reading you Mirnada; An example of a 6th Amendment violation is that the cops continue to question you after you’ve invoked your right to counsel; and an example of a chain of custody violation is where evidence is mislabeled, contaminated or not properly documented.

Motions to suppress are case specific – meaning that they will depend entirely upon the specific facts and circumstances of your case – and there are many exceptions and allowances afforded to the cops.

Make sure that you discuss this fully with your lawyer beforehand.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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