What is the difference between a motion to suppress and a motion to dismiss?
Motions to suppress and motions to dismiss are two distinct types of legal motions. The main difference between them is the purpose of the motion and the resulting outcome. A motion to suppress is a type of legal motion used to try and get evidence thrown out during a criminal trial. It is usually used when the defense believes that the evidence in question was obtained unlawfully, such as through an illegal search or seizure, or through intimidation or coercion of a witness. If this motion is successful, then the evidence will be excluded from the trial and can no longer be used against the accused. A motion to dismiss, on the other hand, is used to try and get a criminal charge dismissed. This type of motion is typically used when the defendant believes that the charge is legally invalid or that there is not enough evidence to prove that a crime was committed. If this motion is successful, then the criminal charge against the defendant will be dismissed, meaning that they will not face trial. In the state of New York, motions to suppress and motions to dismiss are governed by drug crimes law. Both types of motions must be argued in court and the final decision on whether to grant or deny them rests with the presiding judge.
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