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CRIMINAL - Motion to Suppress Evidence - A Motion to Suppress Evidence is a legal request by a defendant to exclude certain evidence from a criminal trial, arguing it was obtained illegally or unconstitutionally.

 

A Motion to Suppress Evidence is a formal request made by a defendant in a criminal case to a judge, asking that specific evidence be excluded from being used against them at trial. The goal is to prevent the prosecution from introducing evidence that the defense believes was obtained in violation of the defendant's constitutional rights or through illegal means.

 

Common Grounds:

  • Unlawful Search and Seizure: Evidence obtained through an illegal search or seizure (without a warrant or probable cause). 
  • Failure to Give Miranda Warnings: Statements or confessions obtained without proper Miranda warnings (right to remain silent, right to an attorney). 
  • Chain of Custody Errors: If there are issues with how evidence was handled or maintained, potentially leading to its contamination or alteration. 
  • Unfairly Suggestive Lineups: If a witness identification procedure was unfairly suggestive, leading to an unreliable identification. 

 

The concept behind a Motion to Suppress is the "Exclusionary Rule," which prevents illegally obtained evidence from being used in court. 

 

HOW IT WORKS (may vary some from state to state):

 

  • Pre-Trial Hearing: A Motion to Suppress typically triggers a pre-trial hearing (also called a Suppression Hearing) where the judge determines whether the evidence should be excluded. 
  • Mini-Trial: The hearing is like a mini-trial, where the defense presents arguments and evidence to show why the evidence should be suppressed, and the prosecution argues why it should be admitted.
  • Judge's Decision: The judge listens to the arguments and evidence presented by both sides and then makes a ruling on whether the evidence can be used at trial. 
  • Impact of a Granted Motion: If the judge grants the Motion to Suppress, the evidence cannot be used at trial. 
  • Impact of a Denied Motion: If the judge denies the motion, the evidence can be used at trial, but the defendant can still challenge the prosecution's case through other means. 
  • Strategic Importance: A successful Motion to Suppress can significantly weaken the prosecution's case and potentially lead to a dismissal of charges or a more favorable plea bargain. 

 

Does not include any filing fees or court costs. 

CRIMINAL - Motion to Suppress Evidence (Nationwide)

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  • CRIMINAL - Motion to Suppress Evidence - A Motion to Suppress Evidence is a legal request by a defendant to exclude certain evidence from a criminal trial, arguing it was obtained illegally or unconstitutionally.

    A Motion to Suppress Evidence is a formal request made by a defendant in a criminal case to a judge, asking that specific evidence be excluded from being used against them at trial. The goal is to prevent the prosecution from introducing evidence that the defense believes was obtained in violation of the defendant's constitutional rights or through illegal means.

    Common Grounds:

    • Unlawful Search and Seizure: Evidence obtained through an illegal search or seizure (without a warrant or probable cause). 
    • Failure to Give Miranda Warnings: Statements or confessions obtained without proper Miranda warnings (right to remain silent, right to an attorney). 
    • Chain of Custody Errors: If there are issues with how evidence was handled or maintained, potentially leading to its contamination or alteration. 
    • Unfairly Suggestive Lineups: If a witness identification procedure was unfairly suggestive, leading to an unreliable identification. 

    The concept behind a Motion to Suppress is the "Exclusionary Rule," which prevents illegally obtained evidence from being used in court. 

    HOW IT WORKS (may vary some from state to state):

    • Pre-Trial Hearing: A Motion to Suppress typically triggers a pre-trial hearing (also called a Suppression Hearing) where the judge determines whether the evidence should be excluded. 
    • Mini-Trial: The hearing is like a mini-trial, where the defense presents arguments and evidence to show why the evidence should be suppressed, and the prosecution argues why it should be admitted.
    • Judge's Decision: The judge listens to the arguments and evidence presented by both sides and then makes a ruling on whether the evidence can be used at trial. 
    • Impact of a Granted Motion: If the judge grants the Motion to Suppress, the evidence cannot be used at trial. 
    • Impact of a Denied Motion: If the judge denies the motion, the evidence can be used at trial, but the defendant can still challenge the prosecution's case through other means. 
    • Strategic Importance: A successful Motion to Suppress can significantly weaken the prosecution's case and potentially lead to a dismissal of charges or a more favorable plea bargain. 

    Does not include any filing fees or court costs. 

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