Understanding a Motion to Suppress: How It Can Impact Your Case

A motion to suppress is a powerful legal tool used in criminal defense to prevent certain evidence from being presented in court. This motion is typically filed by the defense attorney when they believe that evidence was obtained in violation of a defendant’s constitutional rights, such as through an illegal search, an unlawful seizure, or a coerced confession. The goal of a motion to suppress is to exclude tainted evidence from trial, which can significantly weaken the prosecution’s case and, in some instances, lead to a dismissal of charges.

One of the most common grounds for filing a motion to suppress is a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. If law enforcement conducted a search without a valid warrant, probable cause, or proper consent, any evidence obtained during that search could be deemed inadmissible. Similarly, violations of the Fifth Amendment, such as failing to read a suspect their Miranda rights before an interrogation, could result in the suppression of incriminating statements. The Sixth Amendment also plays a role, as the denial of legal counsel during questioning can provide another basis for a suppression motion.

To file a motion to suppress, the defense must present legal arguments and evidence to demonstrate why the contested evidence was obtained unlawfully. The court will then hold a suppression hearing, where both sides can argue their case, and a judge will determine whether the evidence should be excluded. If the judge grants the motion, the prosecution may lose critical evidence needed to prove guilt, which can lead to a reduction of charges, a plea deal, or even a full case dismissal.

A successful motion to suppress can be a game-changer in a criminal case, making it crucial to have an experienced attorney who understands constitutional law and the rules of evidence. If you or someone you know is facing criminal charges, consulting with a skilled defense lawyer can help determine if a motion to suppress is a viable option for challenging the prosecution’s case.

Bradley Marshall teaches Motion to Suppress Issues to Lawyers. He also co-authored “The Search and Seizure” chapter in Defending Criminal Cases in Virginia reference book.

If you have any questions, please contact us at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer