"SOMEONE TOLD ME I SHOULD DO A MOTION TO SUPPRESS IN MY CASE...WHAT DOES THAT MEAN?  HOW CAN IT HELP ME?"

 

This is a very common question from clients in criminal cases, and it's a good question. 

 

In many criminal cases, law enforcement officers obtain evidence by violating, in some way, a suspect's Constitutional rights.  Under the law, such evidence is not admissible in court.

 

Evidence which may be suppressed may include drugs or other contraband, guns, stolen property, or other items.  Also, a statement or confession may be suppressed if a Miranda warning is not administered appropriately. 

 

It is your attorney's duty to investigate the facts of your case, and determine whether they may call for a motion to suppress.  Sometimes he can make this judgment from an interview with you;  other times it may be apparent from a police report, or after a deposition with a witness.

 

If the facts of your case justify a motion to suppress, your attorney will file the motion, and then it must be argued at a hearing in front of a judge.  The judge will listen to the factual testimony regarding your motion, and the legal arguments by your attorney and the prosecutor.  The judge will then need to decide whether to suppress the evidence (granting the motion) or admit the evidence (denying the motion).

 

At my law firm, we aggressively pursue and litigate motions to suppress for our clients.  We offer a free consultation for criminal cases, and we will gladly discuss this potential aspect of your case with you.