If you’re a fan of law and crime dramas on television or are involved in a California criminal case, you may have heard the terms “motion to suppress” or “suppression.” Due to the strict requirements placed on the police while obtaining evidence, it is a typical procedure in criminal trials. A court may determine that this evidence cannot be used against a defendant if they break certain guidelines.
For a variety of reasons, a lawyer can submit a petition to suppress. A motion is a formal document that requests a judge’s decision on a matter. In a motion to suppress in a criminal matter, the attorney asks the court to suppress evidence, typically because the police obtained that evidence improperly.
Every part of your case should be examined by an experienced criminal defense attorney to see if a move to suppress the evidence on the grounds that the police obtained it unlawfully is appropriate. If there is, your lawyer may use it as evidence to argue that the accusations against you should be dropped or scaled back. Continue reading to discover more about these motions’ operation and the implications for your criminal case. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Motion to suppress
A motion to suppress is often a written document in which a lawyer outlines the factual and legal justifications for why certain material shouldn’t be admitted into evidence in court. These motions are made in advance of trial so that the judge can rule on them before a jury is chosen. There is frequently a suppression hearing when both sides provide relevant material. Police officers frequently provide testimony on what they knew, how they knew it, and the actions they took to acquire evidence.
For example, motions to suppress evidence in DUI cases frequently center on whether or not the police had a good reason to stop the car and whether they used the correct protocol when drawing blood or obtaining a breath sample. Another reason for filing a motion to suppress is to prevent the prosecution from using remarks a suspect made or other objects (such drug paraphernalia) as evidence.
In many DUI suppression cases, the issue of whether a police officer had a good reason to stop your car is at stake. A law enforcement official has probable cause when they have a solid suspicion that a crime has been or is being committed.
A reasonable belief cannot just be a gut feeling or an assumption that someone must have committed a crime; it must be something that an officer can explain in detail. In DUI cases, the police officer’s own observations, such as the fact that you are driving erratically, may be sufficient to establish probable cause to stop a vehicle on suspicion of driving under the influence. For example, a bar patron may call the police to report that you are drunk and getting into your car to drive home.
A knowledgeable attorney may contest the initial reasoning behind the DUI stop. Perhaps the manner you were driving wasn’t because you were drunk, but rather because of the gloomy weather, the dark roads, or some other problem. It is conceivable that all evidence pertaining to the stop will be suppressed if the police are unable to show that their conduct gave them reason to pull you over. Then, the accusations against you can be completely dropped. It depends on the particular facts of your case and how the court decides the law should be applied to them.
No matter the charges you are facing, if you have been arrested for a crime then you need a criminal defense attorney on your side. Call Chambers Law Firm at 714-760-4088 now to request a free legal consultation.