What is the difference between a motion to suppress and a motion to dismiss?

A motion to suppress and a motion to dismiss are two different legal maneuvers used to challenge the validity of evidence and other matters in a criminal case. In California, a motion to suppress is used to challenge the legality of physical evidence, while a motion to dismiss is used to challenge the legality of the criminal charge. When filing a motion to suppress, a defendant’s attorney argues that physical evidence, such as a firearm, was obtained illegally and should not be considered in the prosecution’s case. The evidence must be considered inadmissible if it was obtained in violation of the defendant’s rights. This includes cases of unlawful search and seizure by law enforcement. When filing a motion to dismiss, the defendant’s attorney argues that the criminal charge should be dismissed because there is not enough evidence or legal basis to support it. This strategy is often used when enforcing drug crime laws in California due to their complexity. It is important to note that a motion to dismiss does not constitute acquittal—it simply means that the charges don’t meet the legal requirements for prosecution. In summary, a motion to suppress is used to challenge the legality of physical evidence, while a motion to dismiss is used to challenge the legality of the criminal charge.

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What is the difference between a motion to suppress and a motion to dismiss?

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