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A motion to suppress any type of evidence, including blood evidence, is a challenge by the attorneys to the legality of the evidence, namely how it was obtained.

The Exclusionary Rule

In Texas, there is an exclusionary rule that the courts can use when they find that the evidence was not obtained according to the rules of the law. When the defense attorneys file a motion to suppress blood evidence, and the courts agree that it was obtained illegally, the prosecution will no longer be able to use it in their case. Often, prosecutors rely heavily on blood evidence, and having it removed from their case means that it will be difficult, and many times impossible, for them to win.

This does not mean that using a motion to suppress blood evidence is always going to win the case for the defendant, but it does make things harder on the prosecution.

How Does an Attorney Suppress Blood?

When someone has been charged with a crime, but there are questions about a piece of the blood evidence and how it was obtained, the attorney will need to file a motion to suppress. This motion will have to go through the court, and the judge will then determine whether or not he or she will allow the evidence to be used.

According to the law, the evidence used in a criminal case has to be competent and relevant. This means that the blood evidence, in this case, needs to be connected to the charges placed on the defendant. It also means that the evidence needs to be collected properly and legally, and that it is handled and labeled properly thereafter.

Motions to suppress can occur for a number of different reasons. One of the most common examples of why a court may decide that evidence is not admissible is a failure to read Miranda Rights to a suspect that is in police custody. The police are required to read these rights to those who they are going to question or interrogate. Another one of the common reasons that an attorney might submit a motion to suppress evidence would be for unlawful search and seizure.

When it comes to blood evidence, there is sometimes an issue with the chain of custody of the evidence. The evidence, once legally gathered by the police, needs to be stored and cared for properly, or else it may not be credible in the eyes of the law. A common example of this would be someone who is in a car accident and then has their blood drawn to determine if they were intoxicated at the time of the crash. If the police label the blood incorrectly, or if the blood is mixed with other cases at the lab, then it could be suppressed because of the issue with the chain of custody.

If you are facing a court case where there is blood evidence that you feel may have been obtained illegally or that could have been mishandled in some way, you should speak with your attorney about the possibility of filing a motion to suppress the blood.

 

 

 

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