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What is a Motion to Suppress Evidence?

On Behalf of | Nov 13, 2019 | Criminal Defense

A motion to suppress is a written request to prevent the government/prosecutor from using certain evidence against you in a criminal trial and would be decided by a judge – it is not decided by a jury. For example, the police search your car or your home illegally and find illegal drugs or other evidence of a crime (ie. the bloody knife). A motion to suppress would be filed by your attorney to prevent the government from using the drugs and/or the knife against you at trial. Often times, this results in your case being dropped !

We have used motions to suppress in hundreds of criminal cases. A successful suppression can make the difference between a conviction and an acquittal – even better, it can mean the government is left with no case against you at all and the case gets dropped.

When considering a motion to suppress, there are certain things to keep in mind. The rules of criminal procedure require that a motion to suppress be filed within 30 days of your arraignment – unless an exception applies, a late filed motion will be denied by the court. This can prove costly to your case.

A suppression motion is something that an experienced criminal defense lawyer will consider after reviewing discovery. The District Attorney’s Office is required to provide discovery to your lawyer – discovery consists of police reports, physical evidence, witness statements, drug lab reports, and any other evidence the government intends to use against you at trial. Many times your lawyer will not know whether a motion to suppress is a viable option until after he/she receives discovery.

Call our office today and consult with an experienced criminal defense and trial attorney today. Call.