Motion to Suppress

Vegas Defense Lawyers Explain Motion to Suppress Intercepted Communications N.R.S. 179.505

In the state of Nevada, the law permits for oral and wire communications to be intercepted – and recorded – if a court grants an order for interception because it is likely that the communications could provide evidence of a felony offense such as murder, kidnapping, or sexual crimes against a minor. Having your communications intercepted and used against you is a big problem, not just because your most private conversations can become public but also because the evidence obtained from these intercepted communications is often very powerful evidence.

If your communications were intercepted and a prosecutor wishes to use evidence from those intercepted communications against you in a court of law, you need to work with Las Vegas criminal defense lawyers to determine if there is any option to have the evidence suppressed. If evidence is suppressed, it cannot be used against you in a court of law. It will be declared inadmissible and the prosecutor won’t be able to present it to the jury.

LV Criminal Defense has helped many defendants to get evidence against them suppressed. Our legal team works very hard to fight for your right to keep your communication private and we have been successful at helping many clients to craft the types of legal arguments necessary to keep evidence from being used in court.

To maximize the chances of being able to keep evidence obtained from your communications from being used to secure a guilty verdict against you, give us a call as soon as you discover that your oral or wire communications have been intercepted.

Nevada Rules for the Suppression of Intercepted Communications

Nevada Revised Statute section 179.505 is the statute within Nevada’s code of criminal procedure that deals with the suppression of evidence of intercepted communications. According to the relevant statute, any aggrieved person in any proceeding before the court can ask the court to suppress the contents of intercepted wire or oral communications if:

• The communication was intercepted unlawfully in violation of state or federal law or in violation of any of your constitutional rights.
• The court order authorizing the interception of communications, under which the communications were actually intercepted, is clearly insufficient (or, in legal terms, is “insufficient on its face”).
• The interception of the communications which are being used as evidence was not made in accordance with the court order that authorized the oral or wire communications to be intercepted.
• The intercepted communications were intercepted after the court order allowing interception of wire or oral communications was intercepted expired and after any extensions to the court order had expired.

In addition to having the communication suppressed, any evidence that was derived from the intercepted communications can also be suppressed if a motion to suppress is granted. The motion must be made before the trial, hearing, or proceeding unless it was not possible to make such a motion or unless the person who could have made such a motion was not aware of the grounds (justification) for making the motion prior to the trial, hearing, or proceeding.

If the court grants the motion to suppress, the intercepted communications and all evidence obtained because of the communications should be treated as having been obtained in violation of Nevada laws.

Getting Help from Vegas Defense Lawyers

LV Criminal Defense will carefully review the process by which your communications were intercepted and will help you to determine if there are any grounds at all to argue for the evidence to be suppressed. If it is possible that the court could disallow the evidence, our Las Vegas criminal lawyers will file a motion to suppress on your behalf and will craft the most compelling legal arguments to convince the court to suppress the evidence.

To find out more about how our firm can help you to keep evidence from your communications out of court, give us a call today.