This is the third post in our series discussing the handling of violent criminal charges in Arkansas. Our last article looked at claiming self-defense when charged with a violent crime. It is important to understand how to establish a self-defense claim and how to present it in Court. In this case we will address the types of search and seizure issues which often arise in cases involving crimes of violence.
It is possible for exclude physical evidence and statements from an Arkansas trial involving crimes of violence
Crimes of violence often produce evidence in the form of statements made by the defendant to police or in the form of physical evidence. One common type of of physical evidence is a weapon used during the commission of domestic violence, assault, battery, robbery, or other crimes. As we discussed in our discussion on how search and seizure issues impact Arkansas criminal cases, statements and physical evidence can be kept out of Court if it was collected in violation of the Defendant’s constitutional rights. If the defendant’s rights were violated then the first step is to file a Motion To Suppress Evidence with the Court. After an evidentiary hearing, the Judge will decide whether or not the evidence may be used at trial.
The first step in determining whether evidence can be suppressed is to analyze the police reports and other evidence immediately provided by prosecutors. It may also be necessary to visit the scene of the incident. The Motion To Suppress is a written document which contains the law that applies to the situation as well as arguments as to why the law should be interpreted as requiring evidence exclusion. The prosecution will file a responding brief and the defendant will then file a reply to that response. The Court will often hold an evidentiary hearing (which involves live testimony) and issue a decision shortly thereafter regarding whether or not evidence will be admissible in Court.
Our Little Rock criminal defense lawyers handle issues involving search and seizure issues
Our Little Rock criminal defense lawyers have more than twenty-five years of combined experience and have dealt with many cases involving search and seizure issues. We understand the importance of excluding evidence in cases involving the commission of a violent crime and will make it a priority to use all available options when mounting a defense. We handle cases throughout Arkansas.
Our attorneys also handle matters in Fort Smith, Fayetteville, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas. Contact us today.