If you have been arrested in or near Decatur, Georgia (or near Atlanta), you will need the best criminal defense attorneys to provide your criminal defense. It is important to remember that being arrested does not necessarily mean you will be convicted. For example, there is a legal rule called the Exclusionary Rule that can be used to help defend you against criminal charges and can, sometimes, help get Georgia felony and misdemeanor charges reduced or dismissed. The Exclusionary Rule can also lead to dismissal of federal criminal charges. If you have been arrested or accused, call us here at Shein, Brandenburg & Schrope at the Federal Criminal Law Center. Our number is (404) 633.3797. We are deeply experienced Georgia criminal defense lawyers and federal criminal defense attorneys. Here is how the Exclusionary Rule might help your criminal defense and might provide a basis for post-conviction appeal.
Background
As the name implies, the Exclusionary Rule requires a criminal court judge to exclude evidence from being used during a Georgia or federal court criminal trial if the evidence was collected or obtained in violation of the criminal defendant’s Constitutional rights. Most often, the Exclusionary Rule comes into play when Fourth Amendment rights are violated. The Fourth Amendment protects citizens from unreasonable searches or seizures. If a search or seizure is done in violation of the Fourth Amendment, then the Exclusionary Rule requires that the trial court exclude any evidence obtained via the illegal search/seizure from the trial. The Exclusionary Rule also applies with respect to other Constitutional rights, such as those protected by the Fifth and Sixth Amendments. The Fifth Amendment, for example, protects an accused against self-incrimination. Thus, those arrested are entitled to Miranda warnings. If law enforcement officials fail to provide Miranda warnings, the Exclusionary Rule can be invoked to exclude any statements made by the person arrested.
What is the process?
If the Exclusionary Rule might help in your criminal defense, then, your Georgia criminal defense team will file what is generally called a “Motion To Suppress.” Generally, a “motion” is a written document filed by Georgia criminal defense lawyers with the court asking the court to take certain actions in the case. For a Motion To Suppress, the request is that the criminal court judge exclude — suppress — certain evidence that was collected or obtained through violation of Constitutional rights. The prosecution attorneys will have an opportunity to respond to the Motion To Suppress and the criminal court will hold a hearing. Typically, at the hearing on the Motion To Suppress, testimony will be taken from police officers and other persons and the court will examine evidence (like transcripts, video and recordings). The criminal court judge will then make a decision on the request to exclude evidence.
If the judge rules in favor of the criminally accused, then the evidence will not be used at trial. This will almost always lead the prosecuting attorney to dismiss the case (or certain charges), reduce charges or engage in serious plea bargain negotiations.
How can the Exclusionary Rule help with my post-conviction appeal?
If the court makes a mistake — commits legal error — that mistake can be the basis for a successful post-conviction appeal. One area in which criminal court judges often make mistakes is with respect to the Exclusionary Rule. If the judge allows evidence to be used that should have been excluded, likely, the conviction will be overturned on appeal.
Speak With a Criminal Defense and Post-Conviction Appeal Team Today
For more information, contact the criminal defense and post-conviction appeal team at Shein, Brandenburg & Schrope at the Federal Criminal Law Center. We specialize in both Georgia and federal post-conviction appeals. Our firm knows how to fully assess an individual’s case and how to identify the strongest grounds for appeal. Contact us today by calling (404) 633.3797 or by completing our quick and convenient online form. We are located in Decatur, Georgia, not too far from Atlanta.
