What is a motion to suppress evidence in criminal defense law?
A motion to suppress evidence in criminal defense law is a request for the court to not allow certain evidence to be used in a trial. In Virginia, the motion is made by the criminal defense attorney to keep out evidence that was illegally obtained or is otherwise inadmissible. This can be anything from illegally collected evidence to a false confession. The defense lawyer will argue that the evidence should not be used because it was obtained unlawfully or that it is not reliable. The prosecution, on the other hand, will argue that the evidence should be allowed because it is legally permissible to use. The judge will then make a decision as to whether the evidence should be allowed or not. If the motion is successful, then the evidence will not be admitted at the trial. This can have a huge impact on the outcome of a criminal case, as it may be the difference between a conviction and an acquittal. Motions to suppress evidence are an important tool to protect the rights of defendants. It serves as an additional layer of protection for those accused of a crime and helps ensure that the scales of justice are balanced.
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