Motion to Suppress Evidence

Motion to Suppress Evidence

The evidence presented in court can influence the outcome of any criminal case. That’s why the motion to suppress evidence is one of the most powerful tools a defense attorney has to protect your rights and shape the direction of your verdict.

What Is a Motion to Suppress?

A motion to suppress is a legal document filed by the defense in a criminal case. It asks the court to exclude the introduction of specific evidence at trial. This motion typically argues that law enforcement officials obtained evidence in violation of your constitutional rights – usually the Fourth Amendment protection against unlawful searches and seizures.

The goal of a motion to suppress is simple – to prevent the prosecution from using illegally obtained or unreliable evidence to build its case.

When and Why Would You File a Motion to Suppress?

A motion to suppress may be appropriate in several circumstances.

  • Illegal search and seizure: If police searched your home, car or person without a warrant or probable cause.
  • Improper traffic stops: If an officer stopped you without reasonable suspicion and found evidence afterward.
  • Unlawful arrests: If you got arrested without proper legal justification.
  • Violation of your Miranda rights: If law enforcement officers failed to inform you of your rights before interrogating you.
  • Chain of custody issues: Gaps in how the police handled or stored evidence can affect its reliability.

Filing a motion to suppress upholds your constitutional rights and ensures law enforcement agencies follow legal procedures. It prevents the use of tainted evidence that could unfairly sway a judge or jury.

Successfully suppressing evidence can dramatically shift a criminal case’s balance in your favor.

  • Weaken the prosecution’s case: The prosecution may not have enough information to proceed if crucial evidence is no longer available.
  • Lead to a case dismissal: Excluding evidence can sometimes result in the dismissal of all charges.
  • Improve negotiating leverage: Even if the case continues, suppression can give your defense attorney a stronger position in plea negotiations.
  • Ensure a fair trial: Your trial is more likely to revolve around legitimate, admissible facts instead of unlawfully obtained evidence.

Why You Need an Experienced Criminal Defense Attorney

Motions to suppress involve complex legal arguments and often hinge on tiny details. You need an attorney who understands constitutional law, police procedure and courtroom strategy.

At the Law Firm of Salvatore Ciulla, we thoroughly examine police reports, arrest records and other documents for constitutional violations. If filing a motion to suppress is a valid strategy, we’ll do so before your trial begins and advocate to exclude unlawfully obtained evidence in the courtroom.

With decades of criminal defense experience, Sal Ciulla knows how to use every legal tool available to protect your rights and secure the best possible outcome. If you face charges, don’t assume all the evidence against you is valid. Contact our office today for a confidential consultation. We’ll assess your case and determine whether filing a motion to suppress could be a game-changing step in your defense.

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