How do I file a motion to suppress evidence?

When filing a motion to suppress evidence in a criminal case in Mississippi, you must follow a particular set of procedures. First, you must decide which particular evidence you would like the court to consider suppressing. For example, you may want the court to rule that a particular search and seizure was illegal and, therefore, any evidence obtained as a result of that search and seizure should not be allowed in court. Once you have identified the evidence you would like to suppress, you must submit the motion to the court. This is done by drafting a document called a notice of motion containing the facts and legal arguments for why the evidence should be suppressed. The motion must include all relevant citations to the applicable state laws and court cases. This document should also include a proposed order that the court would issue if it were to grant your motion. The next step is to file the motion with the court clerk. Along with the motion, you will need to pay a filing fee. Depending on the jurisdiction, you will also need to provide the prosecuting attorney with a copy of the motion. The attorney then has the opportunity to respond to the motion and argue against its granting. Once all the parties have had the opportunity to present their arguments, the court will decide whether to grant the motion or not. If the motion is granted, any evidence that was obtained as a result of the illegal search and seizure would be excluded from the case. If the motion is denied, the evidence would be allowed to be presented in court.

Related FAQs

How do I file a lawsuit?
What is a dismissal with prejudice?
How do I file a motion in court?
How do I file an objection to a motion?
How do I know which court my case is in?
What is an instruction to the jury?
What is a writ of habeas corpus?
What is the difference between a summons and a complaint?
What does it mean to appeal a conviction?
How do I argue my case in court?

How do I file a motion to suppress evidence?

Related FAQs

Related Blog Posts