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Motion to Suppress

As experienced Atlanta, GA criminal defense attorneys, we defend your rights and can help prevent certain evidence from being used against you in your criminal case.

Being accused of any type of crime in Georgia is a serious matter. Once the accusation is made, police and prosecutors will be aggressively looking for any evidence they can use to support making a criminal charge and eventually obtaining a conviction. However, their methods for obtaining this evidence may be questionable and could violate your constitutional rights. At Ghanayem & Rayasam, we provide the strong, experienced legal representation you need when facing this type of situation. As experienced, nationally recognized Atlanta criminal defense attorneys, we fight to protect your rights. Actions we take on your behalf may include filing a motion to suppress in order to prevent certain types of evidence from being used against you in your criminal court case.

Disputing Evidence and How it Was Obtained

As a resident of Georgia and an American citizen, you have certain rights that are protected by the state and through the United States Constitution . These include the right to be protected against unreasonable searches and seizures in your home, on your person, and in your personal, financial, or business effects. An illegal search may take the form of any of the following:

● Conducting a search without a warrant;

● Placing you under surveillance, such as following you, wiretapping your home, or monitoring your online activities;

● Performing a ‘stop and frisk’ on your person;

● Making arbitrary arrests.

In order to conduct a legal search or seize and to obtain evidence which may be used to support criminal charges against you or to obtain a criminal conviction, the police and other government authorities must have probable cause. This means that they must have a reasonable belief to suspect you of a crime and sufficient reason based on facts to obtain a warrant authorizing action against you.

Filing a Motion to Suppress Evidence

At Ghanayem & Rayasam, our Atlanta criminal defense attorneys have decades worth of combined experience in successfully representing clients in criminal cases. One of the first steps we take on your behalf is reviewing the evidence against you to determine whether it is admissible in court and if your rights were violated in the process of collecting it. The Georgia Council of State Judges advises that grounds for suppression include situations in which statements, documents, property, and other evidence was obtained through the following:

● Improper stop or detainment of the defendant;

● Failure to read Miranda rights;

● Lack of probable cause in making an arrest;

● Warrantless searches.

Law enforcement is also responsible for maintaining the integrity of evidence once it is collected. Errors in the chain of custody could also be grounds for granting a motion to suppress.

Get Our Atlanta, GA Criminal Defense Attorneys on Your Side

To protect your rights when facing criminal charges, our award-winning team at Ghanayem & Rayasam provide the tough, tenacious legal representation you need. To request a consultation regarding your case and how we can help, contact our Atlanta criminal defense attorneys today.