The aim of a motion to suppress is to keep the evidence from getting into the trial. Evidence collected through an illegal search without having a court-issued warrant or probable cause could be held inadmissible.
A study from the Journal of Criminal Law and Criminology reported that suppression motions were granted in fewer than 1% of primary search warrant cases, which might also indicate that courts are not always inclined to accept them.
If the motion continues, it could derail the case or dismiss it. The move is done on behalf of defendants to get their fair trial with constitutional protections and to preserve the integrity of the justice system.
Each U.S. state has a distinct set of rules and procedures for filing a motion to suppress. For example, a Florida motion to suppress law must be formally filed by the defendant’s lawyer for the evidence to be excluded from trial.
Let’s explore how the concept of the motion to suppress impacts criminal cases.
Understanding the Basics of a Motion to Suppress
A motion to suppress is one of the criminal defense mechanisms that an attorney can use while defending his client. It is also important to acquire basic knowledge of a motion to suppress if one ever faces criminal charges.
According to a lawyer from The Law Office of Amy L. Bingham, the key to minimizing an eventual detrimental outcome or effect of a successful criminal conviction is having an attorney willing to stand up for you and your rights. A motion to suppress allows your defense attorney to press your interests in excluding evidence that was obtained in violation of your rights.
This motion can affect the whole case or at least handicap the evidence the prosecution has. The motion challenges the admission of the evidence on the grounds of how it was seized. Incriminatory evidence can be excluded from being used against you if it was seized outside the standard police procedures.
If this motion is successful, the incriminating evidence may be excluded. In some instances, the whole case may be dismissed. This method entails some working knowledge of your rights and case law and an experienced attorney should be approached to deal with this process.
Grounds for Filing a Motion to Suppress
To obtain a successful motion to suppress, you and your legal team have to show that certain valid grounds exist. A frequent ground for filing a motion to suppress is that the petitioner’s Fourth Amendment rights were violated by the illegal search and seizure by the authorities.
Other grounds that may be valid are those raising the admissibility of statements made during an illegal interrogation, which is not in accordance with the Miranda rights. An illegal seizure or obtaining evidence without a reasonable condition would render its admissibility unusable.
Bad faith by the police or reliance on dubious informants is one way of weakening the prosecution’s ability to prove its case. Knowing these principles allows for the possibility of filing a legally enforceable motion to keep any important evidence from being used in court, avoiding its detrimental effect on a trial.
The Process of Filing a Motion to Suppress
Knowing the procedural steps you should take before filing a motion to suppress evidence is necessary. You should first locate and organize all proof and documents that are relevant to the special requirements of your case.
Make a motion that explains why the suppression is needed, including references to applicable statutes and historical cases. Attach any documents or comments that back up the legal request.
Once consolidated, file it with the court and furnish copies to opposing counsel. Try to remember there are important expiration dates or period limits that differ from state to state.
After conducting a hearing in which you present your argument, based on the evidence and oral assertions from the interested parties, the court will issue a ruling to either grant or deny the motion.
Potential Outcomes of a Motion to Suppress
A criminal matter can be dependent upon a motion to suppress. If the motion is granted, evidence may never be introduced by the prosecution. A successful motion will further weaken the case, which is then prone to dismissal or a plea bargain.
Once the motion is denied, the prosecution may be able to use the evidence, and it tends to make the prosecution stronger. Your attorney might put into motion a changed defense strategy for your case.
Depending on the ruling of the motion, the whole trial can be altered, from negotiations to the possibility of outcomes that favor you.
With these possibilities in mind, you can begin preparing for the forthcoming step in the legal process.
Importance of Legal Representation in Suppression Hearings
Legal representation is very important at these suppression hearings. These hearings are first and foremost set up so one can effectively challenge the admissibility of the evidence. Having an experienced lawyer at your side could make a difference. If he or she finds that your rights were violated, then he or she will inquire into the police procedures that led to the illegal procurement of evidence and have it excluded as evidence in court.
Having a good attorney could make all the difference by defeating the prosecution with persuasive arguments and greatly increasing the opportunity for a favorable disposition. Without the aid of a qualified attorney, you could lose sight of the legal arguments that may very well tilt the scales of justice in your favor.
Having a good lawyer represent you in the request to suppress hearings will assist your case in getting the best results.
