What Is a Motion to Suppress?

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A motion to suppress is a legal motion that can be filed prior to a criminal trial to have certain types of illegally-obtained evidence withheld from the jury at trial to protect the constitutional rights of the defendant. Here’s what to know about motions to suppress, what kind of hearing you may have if evidence will be suppressed in your case, and how a New York criminal defense lawyer can help you.

What Kinds of Evidence Can Be Suppressed?

Not all kinds of evidence can be suppressed in a criminal defense trial. The most common types of evidence that defendants can have suppressed include:

Their own statements. A defendant can move to dismiss a statement they made if they were illegally coerced or intimidated into confessing.
Physical evidence. Any evidence that was obtained during an illegal search and seizure should be suppressed, regardless of how damning it may be.
Witness statements. If a witness has made a statement that was led or coerced by police, a defendant can move to have it dismissed.

Types of Suppression Hearings

If evidence will be suppressed in your criminal case, you will have a suppression hearing of which there are four different types:

Huntley hearing. This hearing suppresses statements that were illegally obtained by law enforcement using coercion, threats, abuse, or intimidation.
Mapp hearing. This hearing suppresses physical evidence that was obtained by police officers during an illegal search on the basis of the Fourth Amendment.
Wade hearing. This hearing is held specifically when the identification of a defendant by a witness has been prearranged by law enforcement, such as in the case of a police officer suggesting the defendant is the guilty party to a witness identifying the suspect in a lineup.
Dunaway hearing. This hearing is always held along with one or more of the other hearings to suppress any evidence that was obtained as a result of an illegal or false arrest.

How a New York Criminal Defense Attorney Can Help

A criminal defense attorney can help increase the chances that you will be able to successfully suppress damaging evidence against you in your case. No matter what crime you were charged with, you may be able to undermine the prosecution’s case against you by suppressing evidence. Call veteran New York criminal defense lawyer Scott Cerbin now for help after an arrest by dialing 718-596-1829.

By : First Page Attorney | July 26, 2022 | Criminal Defense

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What Is a Motion to Suppress?

What Kinds of Evidence Can Be Suppressed?

Types of Suppression Hearings

How a New York Criminal Defense Attorney Can Help

Clients Testimonials

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