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Motions to Suppress

Posted on:12/2/2012
Depending on the circumstances, your DUI attorney may file a motion to suppress evidence if the evidence against you was obtained illegally.


Depending on the circumstances, your DUI attorney may file a motion to suppress evidence if the evidence against you was obtained illegally. Remember, the police cannot use any illegally obtained evidence against you. 

 

A motion to suppress gives a legal reason why the judge should not allow the prosecutor to use certain evidence at trial. The most common reason is that the evidence was found as a result of an illegal search and seizure. Such a motion usually requires police officers to testify and explain whatever facts justified their search for the evidence. Such motions are also used to challenge search warrants and arrest warrants.

 

Motions to suppress are frequently critical to the case. If the defense is successful, all or part of the prosecutor's evidence may not be allowed at trial. If the drugs in a drug prosecution are suppressed, for example, the judge will dismiss the case. In other cases, if only part of the evidence is excluded, the judge will not dismiss the case but the prosecutor's case may be greatly weakened.

 

Using other suppression motions, lawyers can try to prevent the prosecutor from using a confession at trial. The judge listens to evidence about how the defendant confessed. These hearings are called Jackson v Denno hearings after the United States Supreme Court case which decided to require them. As with other motions to suppress, this pretrial hearing may be the most important part of the trial.


  
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