![]() Depending on what the facts of the case are, the burden to go forward will either be on the state or shift to the defendant. Once a motion to suppress evidence has been filed, the court will set the matter for a hearing. The Hearing on a Motion to Suppress Evidence These types of issues often arise in drug cases, where drugs are found on a person or in a house or car, or where a person is searched after a traffic stop or arrest and contraband or suspected evidence of a crime is found. The laws surrounding police searches and seizures are constantly evolving and an experienced attorney can explain your rights and the laws surrounding the evidence in your case. However, not every case will have evidentiary issues, so if you have questions about whether a motion should be filed in your case, the first step should be to talk to an attorney. If the attorney believes that something was done in violation of the client’s rights, then a motion to suppress evidence may be appropriate. Whether or not to file a motion to suppress evidence will be decided by the attorney, in consultation with the client. Should a Motion to Suppress Evidence be Filed? If granted, that evidence cannot be used in trial. If it appears that a piece of evidence was obtained illegally, either because a law was broken or the client’s constitutional rights were violated, a motion to suppress evidence may be filed, requesting that the court suppress the evidence. In order to obtain evidence, the police often conduct searches, with or without a warrant, or obtain evidence through some other manner, such as consent to search, a search incident to arrest or in some other manner during the course of an investigation.ĭuring the pre-trial stage, a defense lawyer will look at how each piece of evidence was obtained and look for errors in how that was done. Whenever the state accuses someone of a crime, they must have evidence to support that charge and prove that person’s guilt beyond a reasonable doubt. Motion to Suppress Evidence – What Is It? This post will explain what a motion to suppress evidence means and when it may be useful. ![]() ![]() In some cases, that may be the best course of action, and in other cases, it won’t play a role at all. Many clients come to Chambers Law Office accused of a criminal offense and want to know if we can file a motion to suppress evidence. Possession of Firearms and Domestic BatteryĠ Likes Motion to Suppress Evidence – What Is It & What Will It Mean to Your Criminal Case?.Possession of Marijuana or Paraphernalia.
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