The Process of Filing a Motion to Suppress Evidence

In criminal trials, the motion to suppress evidence is a vital legal tool for challenging the admissibility of certain pieces of evidence that may have been obtained unlawfully. Understanding the Process of Filing a Motion to Suppress Evidence how to file this motion and the potential impact it can have on your case is crucial for anyone facing criminal charges.

What is a Motion to Suppress Evidence?

A motion to suppress evidence is a formal request made to the court to exclude specific evidence from being presented during a trial. The purpose of this motion is to argue that the evidence in question was obtained in violation of the defendant’s legal rights or through other improper means. This defense tactic does not deny the facts of the case but rather seeks to ensure that only legally obtained evidence is used in court.

Grounds for Suppression

Several grounds can justify filing a motion to suppress evidence. One common basis is a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. If evidence was obtained without a proper search warrant, or if the search exceeded the warrant’s scope, it may be deemed inadmissible. Similarly, evidence obtained from an unlawful stop or search, without probable cause or consent, can be challenged.

Another critical ground is the violation of Miranda Rights. The Miranda warning requires that individuals in custody be informed of their rights before being interrogated. If a confession or statement was made without being properly advised of these rights, it could be suppressed. This also includes cases where statements were obtained through coercion or undue pressure.

The Filing Process

The process of filing a motion to suppress evidence begins with a thorough review of the case. This involves examining police reports, witness statements, and any relevant documentation to identify potential violations of constitutional rights or other legal issues. Once the grounds for suppression are identified, the defense attorney drafts the motion, outlining the factual background of the case, the specific legal arguments for suppression, and any supporting evidence.

After drafting the motion, it must be filed with the court. This involves submitting the motion to the court clerk and ensuring it is officially recorded. A copy of the motion is also served to the prosecution. The court then schedules a hearing to review the motion.

During the hearing, the defense presents arguments and evidence supporting the suppression, while the prosecution responds with counterarguments. The judge evaluates these arguments and makes a ruling. If the motion is granted, the evidence in question will be excluded from the trial, which can significantly impact the prosecution’s case. Conversely, if the motion is denied, the evidence remains admissible and must be addressed in the defense’s trial strategy.

How the Law Office of Erin Bradley McAleer Can Help

At the Law Office of Erin Bradley McAleer, we have extensive experience in handling motions to suppress evidence. Our team is dedicated to meticulously reviewing the details of your case to identify potential grounds for suppression. We will craft a compelling motion, represent you effectively in the hearing, and advocate for the exclusion of unlawfully obtained evidence. If you suspect that evidence in your case was obtained improperly, contact us at (360) 334-6277.