What Is The Process Of Filing A Motion To Suppress Evidence?
The procedural process of filing a motion to suppress evidence begins when you notify the court and the prosecution that you believe there has been a violation of the law, of someone’s rights, or of the procedural standards. The court would then schedule a hearing. At that point, we would file a motion, which is a piece of paper that lists the evidence we are trying to suppress. We would then go to the hearing and the burden would shift to the prosecution, meaning that the prosecution would have to show that there were no violations. After the prosecutor presents their case, I would present my client’s case and explain to the court why the motion should be granted.
Sometimes we will file memorandums after that hearing, which are statements of law that support our arguments from the Supreme Court of the United States or the Supreme Court of Utah. Doing so would give the judge an opportunity to review all of the relevant laws and facts. Within a couple of weeks, the judge will give a decision on whether the motion has been granted or denied. Based on whether it is granted or denied, we will take the next step and seek a dismissal of the case. If the motion is denied, then we will consider an appeal or get the case ready for trial. So, motion to suppress evidence issues can usually be worked out within a couple of months.
Will A Jury Ever Be Aware That Any Evidence Was Suppressed In A Case?
If a motion to suppress is granted, a jury would never become aware of that information. In fact, it would be improper for the defense or prosecution to make mention of it, since the judge would have already ordered that any discussion or presentation of that evidence is to be excluded.
Additional Information On Motion To Suppress Evidence In Utah
In general, motions to suppress are tools that we use, like a mechanic would use a wrench to fix a car. Motions to suppress are legal tools that criminal defense lawyers use, although they are not the only tools that we use. It is important for clients to be involved with their cases, to help us remember the information, and to write down their version of events while that information is still fresh in their mind.
We win a lot of cases and get a lot of charges dismissed using motions to suppress. The key is in having reliable, accurate information. If anyone is reading this who has been charged and is deciding what to do with their case, one of the most important things they can do is write down as many facts and details about their case as possible so that we can use that information in their defense.
For more information on Process Of Filing A Motion To Suppress, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 477-5009 today.