Q:

What does motion to suppress mean?

A:

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.

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.


Is this answer helpful?

Similar Questions

  • Q:

    What is reasonable doubt?

    A:

    Reasonable doubt is the legal measurement by which jurors are instructed to judge a defendant in a criminal case not guilty, according to Cornell University Law School. Reasonable doubt occurs when a rational person concludes that the prosecution in a court case has failed to produce sufficient evidence of guilt for every element of the crime of which the person is accused.

    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 a motion to revoke probation in Texas?

    A:

    When the state of Texas legal system deems a parolee to be in violation of their probation a motion to revoke probation is filed, and if granted, an arrest warrant may be issued. Before probation can be revoked, a probation revocation hearing is held in front of a judge, according to Guest and Gray criminal defense lawyers.

    Full Answer >
    Filed Under:
  • Q:

    What does "remand on bail" mean?

    A:

    In the legal system, the term "remand on bail" means that a defendant is released on bail with certain conditions, such as residency restrictions, according to HowToLaw. In the U.S. legal system, this arrangement is more often called release on conditions, according to Lawyers.com.

    Full Answer >
    Filed Under:

Explore