What is a motion to suppress evidence in criminal defense law?

A motion to suppress evidence in criminal defense law is a request made to a judge to keep certain evidence from being used in a criminal case. In Arkansas, the motion must argue that either the evidence was obtained illegally, or that it is not relevant to the case. The motion usually includes a brief legal argument outlining the reasons why the evidence should not be considered by the court. For example, if a defendant was arrested without a warrant, his lawyer could file a motion to suppress the evidence gained during the arrest, arguing that the evidence was obtained illegally. The judge would then consider the evidence that is being challenged and decide whether to accept or deny the motion. If successful, the evidence would be excluded from the case and could not be used against the defendant. In some cases, the judge may allow some evidence to be considered, even if the motion is successful. In this instance, the judge may decide that the evidence should be “excluded but considered”, meaning that the evidence would not be used by the court, but the judge would still take it into account in his deliberations. It’s important to note that motions to suppress evidence are often complex and must be backed up by solid legal argumentation. Therefore, it’s recommended that anyone facing criminal charges in Arkansas seeks the guidance of a criminal defense attorney.

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What is a motion to suppress evidence in criminal defense law?

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