Understanding Motion to Suppress: A Valid Strategy in Criminal Defense
In criminal law, there are various options that a defendant may exercise to protect their rights and contest the evidence against them. One of the very powerful tools is a motion to suppress. This legal strategy is capable of making an incredibly big difference in many criminal cases. It could mean charges being dismissed or severely weakened prosecutions.
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If anyone faces some sort of criminal charge, then it’s really advisable to be represented by a reliable legal team. Throughout its history, Shane Phelps Law has built a reputation using various defense strategies, including motions to suppress, to safeguard clients. With deep knowledge of criminal law and courtroom experience, they can guide one through the complexities of the case and help in the best possible manner.
What is a Motion to Suppress?
A motion to suppress is a request whereby the court is asked to keep certain evidence out of the trial. Major grounds cited for filing this motion include:
- The evidence was obtained illegally.
- Evidence was collected in a way that violated constitutional rights.
- Failure to follow proper procedures by law enforcement
Where this happens, a motion to suppress may be granted, and the prosecution is then barred from using important evidence against the defendant, often considerably weakening their case.
Grounds for Filing a Motion to Suppress
A motion to suppress may be grounded on various issues. The most common ones are as follows:
Illegal Search and Seizure
The Fourth Amendment of the U.S. Constitution protects every person against unreasonable searches and seizures by the government. In case the police make a search or seizure without a valid warrant, or, if applicable, without meeting the requirements for a warrantless search, the evidence so obtained might be suppressed.
Coerced Confessions
The Fifth Amendment to the United States Constitution grants the right against self-incrimination. A confession by the defendant may be suppressed where it was coerced, intimidated, or Miranda rights violated.
Improper Identification Procedures
Where the police invest in suggestive identification procedures, for example biased lineup or photo array, the resultant identification may be suppressed.
The Process of Filing a Motion to Suppress
The process of filing a motion to suppress usually includes:
- Investigation: A criminal defense attorney will investigate what exactly happened while collecting the evidence to be suppressed and get all information or documents that regard it.
- Filing the Motion: The attorney is then at liberty to draft a written motion, upon which to present before the court, with respect to the stated legal and factual grounds for suppressing said evidence.
- Hearing: The court will hear the arguments of both parties, which include the defending party and the prosecution, together with appropriate evidence for either side of the motion.
- Ruling: The judge will then make a decision on the motion, either granting or denying the request to suppress the evidence.
Potential Outcomes of a Successful Motion to Suppress
If the motion to suppress is granted, then evidence excluded by the court cannot be used against a defendant at trial. This may significantly impact the prosecution’s case and result in:
- Dismissal of the case: If the evidence to be suppressed is of central importance to the prosecution, the court may dismiss the case for lack of sufficient evidence to proceed.
- Plea bargaining: The prosecution is more likely to go for a favorable plea bargain where there is a risk of losing crucial evidence.
- Reduced sentence: Even if the matter goes to trial, ruling out such prosecution evidence can weaken the prosecution case enough to procure a reduced sentence if convicted.
Conclusion
A motion to suppress can be one of the most powerful defenses available in a criminal case, having the potential to alter the course of a case simply by excluding important evidence. Any person charged with a crime, or anyone interested in how criminal law works, should know when and how a motion to suppress shall be employed.
If you are under criminal prosecution, speak to your defense counsel about a possible addition of a motion to suppress. They will enhance the protection of your rights toward a better outcome in your case. Keep in mind that each case is different and may be subject to different approaches in order to traverse through the complexities of the criminal justice system.
Joshua White is a passionate and experienced website article writer with a keen eye for detail and a knack for crafting engaging content. With a background in journalism and digital marketing, Joshua brings a unique perspective to his writing, ensuring that each piece resonates with readers. His dedication to delivering high-quality, informative, and captivating articles has earned him a reputation for excellence in the industry. When he’s not writing, Joshua enjoys exploring new topics and staying up-to-date with the latest trends in content creation.
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