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Suppression of Evidence in Michigan

Question: What is suppression of evidence? How might this be accomplished in an OWI case in Michigan?

Answer: Suppression of evidence is basically a legal fiction that we create to protect people's right. Many people, especially around election time, like to call them “technicalities;” but we actually have rights in America. If our rights are violated and they're violated by the government, then we have to find a way to penalize the government for that violation. One of the ways that we penalize the government for violating someone's rights is to take away things that are ill gotten. So in the case of evidence that the officers obtained illegally, we would say that they should not be allowed to come before a jury or a court because those would be reinforcing the negative behavior that the police officers used to obtain it. Instead, what we would do is we would review all of the evidence, we would see if the officers conducted themselves appropriately. If not, we would motion the court—it's a legal term for simply asking the court to take a look at the evidence—and make any notes of where the officers have violated the law. If they have, the judge will rule that that evidence—or potentially all evidence, depending on the severity of the violation on the police conduct—we would use that to try and suppress the evidence. Now, depending on what kind of order the judge issues, the evidence could be suppressed for certain purposes but possibly not others, but it is simply an exclusion of evidence from the review of either the jury or potentially for the entire case based on police misconduct or essentially a violation of our constitutional rights.

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.