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

A motion to suppress evidence is a request made by a defense attorney in criminal defense law in Delaware. It is a request for evidence gathered during an investigation or collected through a search and seizure to be excluded from a court case. A motion to suppress evidence is typically made when a law enforcement officer or other government official has conducted an unreasonable search and seizure or if the evidence was gathered without a search warrant. In criminal defense law in Delaware, a motion to suppress evidence must be filed by the defense team in a specific period of time so that the court is aware of the defense arguing the evidence should not be included in the case. The court may then hear arguments from both sides and make a ruling on whether to accept the motion to suppress evidence. If the motion is successful, the evidence may be excluded from the criminal prosecution. This is beneficial to the defense because without the evidence, the prosecution may not be able to prove its case against the defendant. In some cases, the motion to suppress evidence can be a deciding factor in the outcome of a criminal defense case.

Related FAQs

What is the sentencing process in criminal defense law?
What is the right to counsel in criminal defense law?
What is entrapment in criminal defense law?
What are the consequences of a plea bargain in criminal defense law?
How is the outcome of a criminal case determined?
What is the role of a criminal defense lawyer in a trial?
How do I know if I need a criminal defense lawyer?
What are the constitutional rights of witnesses in criminal defense law?
What is the right to remain silent in criminal defense law?
What is an insanity defense in criminal defense law?

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

Related FAQs

Related Blog Posts