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

A motion to suppress evidence in criminal defense law is a request made by a defense attorney to a judge to exclude certain evidence from a criminal trial. The defense attorney is asking the judge to throw out or “suppress” evidence that was obtained illegally or improperly. The motion is usually made before a criminal trial starts. In Maryland, motions to suppress evidence are governed by Maryland Rule 4-252. The motion must be based upon the legal grounds that the evidence was obtained illegally or in violation of the constitutional rights of the defendant. The defense attorney must show the court why the evidence should not be used against the defendant. The motion to suppress may be based on any number of grounds, including the illegal search and seizure of evidence, the lack of a valid search warrant, or the lack of Miranda warnings being given to the defendant. If the motion is successful, the evidence will likely be excluded from the criminal trial. In Maryland, the judge will consider the motion to suppress evidence and make a ruling based on the evidence presented. If the motion is denied, the evidence will be allowed to be used against the defendant in the trial. This means it is very important that the defense lawyer be knowledgeable and experienced in criminal defense law in order to effectively make motions to suppress evidence.

Related FAQs

What is a motion for a change of venue in criminal defense law?
What is a motion for a dismissal in criminal defense law?
What are the rights of a defendant in criminal defense law?
What are the consequences of a criminal conviction?
Are there any special considerations in criminal defense cases involving juveniles?
How can a criminal defense lawyer help negotiate a plea bargain?
How can a criminal defense lawyer protect a defendant’s rights?
What is the difference between a trial and a bench trial in criminal defense law?
What are the different types of jury instructions in criminal defense law?
What is the role of a criminal defense lawyer in a trial?

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

Related FAQs

Related Blog Posts