Aggressive, Skillful and Experienced Defense

Using the exclusionary rule in your criminal defense

Seeing the evidence pile up against you is an overwhelming and daunting situation. However, that is exactly what the prosecution wants a defendant to feel. But a defendant is not helpless just because the state has evidence against them, resulting in a criminal charge. There are ways to poke holes in the case, even suppressing some of the evidence to help reduce or dismiss the charges against the accused.

One way to reduce the evidence against you in a criminal case is through the exclusionary rule. This rule provides courts with the ability to exclude incriminating evidence from being introduced at trial if there is proof that the evidence in question was collected in violation of the Constitution. Based on an Iowa City defendant's Fourth Amendment right, this rule allows a defendant to challenge the admissibility of evidence.

Working in conjunction with the exclusionary rule, the fruit of the poisonous tree doctrine works to also exclude evidence. Under this doctrine, a court also has the ability to exclude from trial evidence that was seized in violation of the Constitution. Additionally, it also works to exclude evidence that was derived from an illegal search.

Although evidence is collected against a criminal defendant, this does not meant that enough evidence has been collected to prove that the accused committed the crime beyond a reasonable doubt. Thus, it is also important for defendants to note their rights to a criminal defense and what mechanisms they could carry out to reduce or dismiss the charges against them.

No Comments

Leave a comment
Comment Information

contact us FOR a Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association

Notable Case Work

Attorney Thomas Farnsworth's client was arrested for multiple charges after being pulled over for an OWI 3rd offense. Mr. Farnsworth ....

Read More

faq

Should I take a breath test?
The most common question asked of criminal defense lawyers who work on Operating While Intoxicated (OWI) or Driving While...

Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal...

Read More

Get In Touch

J. Dean Keegan and Thomas D. Farnsworth, Attorneys at Law
425 2nd Street South East
Cedar Rapids, IA 52406

Cedar Rapids Criminal Law Office

J. Dean Keegan and Thomas D. Farnsworth, Attorneys at Law
103 East College Street
Iowa City, IA 52240

Iowa City Criminal Law Office

J Dean Keegan Thomas DS Farnsworth Keegan Legal

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.