A motion to suppress is a court process that seeks to challenge the admissibility of evidence against you in court. It is usually filed by the defense during pre-trial hearings to exclude certain evidence from the trial.
If granted, the affected evidence will be suppressed, and the judge or jury will not use it when delivering a verdict, nor will the prosecution in the case against you. In other words, the evidence will be struck out, something that can significantly shape the outcome of your case, as explained below.
Reasons a court may grant a motion to suppress
A court may exclude evidence obtained in violation of your constitutional rights, such as an unlawful seizure or forced confession. Similarly, unreliable evidence due to police mistakes may not be admissible in court.
The potential implications
A motion to suppress can significantly shape the outcome of your case. While it is not a question of your guilt or innocence, a successful motion to suppress will weaken the prosecution’s case against you. This is especially if crucial evidence is suppressed.
In most cases, the prosecution will not proceed to trial with a weak case. It could see your charges reduced or give you better negotiating power when discussing a plea deal. In the event your case goes to trial, it can be difficult for the prosecution to achieve the legal threshold required of a guilty verdict without key evidence.
Navigating the legal complexities
There is a fine line between admissible and inadmissible evidence, and identifying the differences is a fairly technical process from a legal perspective. Therefore, it’s best to seek informed guidance to understand the best strategies that will help increase the chances of a positive outcome.