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

The difference between a motion to suppress and a motion to dismiss is an important one, especially when it comes to drug crimes law in South Carolina. A motion to suppress is a legal action petitioned by a defendant’s lawyer in order to prevent certain pieces of evidence from being used against their client in court. There are a few reasons this is done, such as if the evidence was obtained unlawfully, or if it was involved in an illegal search or seizure. If the motion is granted, that evidence will be excluded from the trial. A motion to dismiss, on the other hand, is a legal action petitioned by either a defendant or a plaintiff. This action is requested when the plaintiff or defendant believes that the case should be dropped due to a lack of evidence or some technicality. If the motion is granted, then the case will be dismissed, with no further action needed. These two motions, though similar, have different purposes. A motion to suppress prevents certain pieces of evidence from being used, while a motion to dismiss requests that the case be dropped due to an absence or lack of evidence. Understanding the difference between these two motions is important for anyone involved in drug crimes law in South Carolina.

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

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