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Criminal Defense Blog

What is a Motion to Suppress

Posted by Ryan Brown | Apr 19, 2021 | 0 Comments

In this blog our Georgi Criminal Defense Attorney, Ryan Brown, discusses a favorite tool of the defense lawyer – a motion to suppress. One of the biggest stages of the criminal cases is when the defense attorney and the defendant are given the discovery in the case. Discovery is information provided to the defense regarding the case, anything that may be exculpatory, or things that they're going to try to use to convict you of a crime or anything like that. Sometimes, however, that evidence has been obtained in violation of your rights, maybe in violation of the Fourth Amendment, or Fifth Amendment or whatever it may be. And the remedy for that, if they violate your rights is to file a motion to suppress. And what that does is you go in front of the judge and say the prosecutors obtained this evidence by violating my rights, so we want you to keep them from using it against me. And that's called exclusion. So if you file a motion to suppress and you win, and the judge finds that your rights were violated and that a violation of your rights is what lead the prosecutors or cops to obtain that evidence, then the judge will exclude that evidence. And sometimes that can mean that the defense wins the case. Perhaps it's a DUI case where the blood was obtained in violation of your rights or perhaps it's a drug case where the drugs were seized in violation of your rights. Those can be huge wins for the defendant and may result in a great outcome for the defense.

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...

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