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 procedures used in criminal proceedings related to drug crimes in Kansas. While they both result in the same goal of removing elements of a case from consideration by a court or jury, they are not the same thing. A motion to suppress is generally filed before trial. It is used to suppress evidence, or the results of a search or seizure, that have taken place. This motion is based on the idea that the evidence was obtained illegally or without following proper procedures. If granted, any evidence obtained by the illegal search or seizure, or any evidence obtained as a result of that evidence, would not be allowed to be used at trial. On the other hand, a motion to dismiss is usually filed after the prosecution has presented its case. This motion seeks to have the entire case dismissed before the defense presents its case. If granted, the defendant would not go on trial and the charges would be dropped. The difference between the two motions is that a motion to suppress applies to evidence that has already been gathered, and a motion to dismiss applies to the entire case. Depending on the circumstances, either motion may be a successful defense strategy in a drug crime case in Kansas.

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

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