Q:

What does motion to suppress mean?

A:

Quick Answer

A motion to suppress is a request made in a criminal trial by the defendant, asking the judge to exclude evidence because it was gathered illegally or in violation of the defendant's constitutional rights, states Nolo. The judge decides whether or not to grant the motion.

Know More

Full Answer

The defense lawyer submits motions to suppress to the judge before the trial begins, according to Lawyers.com. Evidence most commonly attacked on constitutional grounds includes confessions, arrest and search warrants, and eyewitness identifications. Defendants must be read Miranda rights before police legally can gather a confession, for example, to preserve a defendant's right against self-incrimination. Miranda rights include the right to remain silent and the right to an attorney. Protection from unlawful search and seizure means that arrest and search warrants must be signed by a judge and be applied for based on probable cause, while eyewitness identifications must be made under careful and fair circumstances. The defense may file a motion to suppress if the defendant's rights were abridged in any of these situations. A defendant's full constitutional rights are based on both federal and state constitutions.

Learn more about Law

Related Questions

  • Q:

    How is sentencing for a probation violation determined?

    A:

    The judge determines the sentence for a probation violation by considering several points, including the manner and nature of the violation and whether the offender was a first-time or repeat offender, explains Find Law. The sentencing occurs shortly after the judge determines if the offender violated the terms of the probation.

    Full Answer >
    Filed Under:
  • Q:

    What is the process for obtaining a court-appointed lawyer?

    A:

    The process for obtaining a court-appointed lawyer usually begins at the first court appearance when a judge asks the defendant if he has an attorney, Nolo says. If the defendant indicates he would like a court-appointed lawyer, some courts appoint one immediately. Some courts review the defendant's economic situation before approving a court-appointed lawyer.

    Full Answer >
    Filed Under:
  • Q:

    How do you write a letter to the judge before sentencing?

    A:

    When writing a letter to a judge before sentencing, the letter should be written as a business letter in professional form and should highlight the legitimate reasons why the defendant should not go to jail. A letter to a judge should include the judge's full name, title and address, along with the defendants return address, and everything should line up to the left margin.

    Full Answer >
    Filed Under:
  • Q:

    What is an injunction hearing?

    A:

    An injunction hearing is held in court before a judge to determine if a plaintiff should be awarded an interim or permanent injunction against the defendant's activities, as stated by The Myler Law Firm. Injunctions may be used to stop the sale of certain products or to award a long-term restraining order against the defendant.

    Full Answer >
    Filed Under:

Explore