How do I file a motion to suppress evidence?

In most Florida courts, filing a motion to suppress evidence requires that you submit a written motion and supporting documents to the court. Your motion should include the facts of your case and the law that supports your motion. It may also be necessary to file certain affidavits and any relevant exhibits that demonstrate why the evidence in your case should be suppressed. Once you have prepared the motion and supporting documents, you must submit them to the court clerk. The clerk will then forward your motion to the prosecuting attorney and the judge assigned to your case. The prosecutor has an opportunity to respond to your motion by filing a written response or objecting to the motion at a hearing. If the motion is filed in a jury trial, the court may also hear argument from both parties before ruling on the motion. Some Florida courts allow for oral arguments regarding motions, and you may want to check with the clerk’s office as to the court’s procedure regarding motions. Once the motion is heard, the judge will determine whether the evidence should be allowed in court or whether it should be suppressed. The judge may take the matter under advisement and issue a ruling later, or may issue a ruling at the end of the hearing. Regardless of the ruling, the court clerk will notify the parties of the results.

Related FAQs

How do I file a motion for dismissal?
What is a contempt of court?
How does a judge make a ruling?
How do I find an attorney?
How do I object to evidence?
How do I file a lawsuit?
What kind of lawyer do I need for court?
What is a motion for a new trial?
What is a contempt citation?
What are the rules of evidence?

How do I file a motion to suppress evidence?

Related FAQs

Related Blog Posts