What is the difference between a motion to suppress and a motion to dismiss?
A motion to suppress is a legal request made to a court by a criminal defendant or a defense attorney. The purpose of the motion is to request the court to exclude evidence from a criminal trial. This evidence could be statements made by the defendant, evidence obtained during an illegal search and seizure, or evidence obtained without a valid warrant. A motion to dismiss is a request to the court to dismiss a criminal case without a trial. It is usually used as a defensive measure in a criminal trial when the defendant believes that the evidence presented against them is insufficient or unconstitutional. A motion to dismiss is usually based on technicalities, such as the statute of limitations or violation of the defendant’s constitutional rights. If the motion is granted, the charges against the defendant are dismissed and the defendant cannot be tried again on the same charges. In summary, the main differences between a motion to suppress and a motion to dismiss are the purpose and the result of the motion. A motion to suppress is used to exclude evidence from a criminal trial and a motion to dismiss is a request to dismiss a criminal case without a trial.
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