Frequently, when an individual is charged with a crime, he or she files a Motion to Suppress and asks for a suppression hearing. The purpose is to ask the court to rule that particular evidence cannot be used in determining an individual's guilt or innocence.
When would a motion to suppress be filed?
A motion to suppress is a motion filed by a criminal defense attorney when he or she has reason to believe that evidence was illegally obtained through an unlawful search or seizure. The goal is to have the judge throw out evidence that the State plans to use against you.
How do you win a suppression hearing?
8 Tips for Winning Suppression Motions
- Use general discovery motions to your advantage. ...
- Always cite Tex. ...
- File a motion in limine along with your motion to suppress. ...
- Request a jury charge. ...
- Don't reveal specific grounds for the motion until the hearing. ...
- Consider Tex. ...
- Attack the probable cause affidavit.
