What is a Motion to Suppress Evidence?
Posted on: December 13, 2022
In the criminal justice system, there are a number of ways that defendants can challenge the evidence against them. One of these is known as a motion to suppress evidence. In this blog post, we will take a brief look at what motion to suppress evidence is and how it works in the state of New Jersey.
What is Motion to Suppress Evidence?
A motion to suppress evidence is a legal challenge brought by a defendant against evidence that they believe was illegally obtained by law enforcement. If the court agrees with the defendant, the evidence in question will not be allowed to be used at trial.
There are a number of different grounds on which a motion to suppress evidence can be based. For example, if the police obtain evidence through an illegal search and seizure, that evidence may be suppressed. Other grounds for suppression can include anything from Miranda rights violations to false confessions.
How Does Motion to Suppress Evidence Work in New Jersey?
In order for a motion to suppress evidence to be successful in New Jersey, the defendant must prove two things: first, that their constitutional rights were violated by law enforcement; and second, that the evidence in question was obtained as a result of that violation.
If the defendant is successful in proving both of these things, then the court will grant their motion and the evidence will not be allowed to be used at trial. This could mean that the prosecutor’s case is weakened or even that the charges are dismissed altogether. If the defendant is unsuccessful in proving either of these things, then their motion will be denied, and the evidence will be allowed to be used against them at trial.
Can I Get Out of Jail if My Motion is Granted?
If your motion to suppress is granted, it is possible that you may be released from jail pending trial. However, this is not guaranteed. It still depends on a number of factors, such as the severity of the crime and whether or not you have any prior convictions.
If the court finds that there is enough evidence to support a conviction even without the suppressed evidence, then you may remain in custody. Finally, if there are other charges against you besides the charge for which evidence was suppressed, then the court may order you held on those charges.
The Freehold Criminal Lawyers at Ellis Law Protect Your Rights
If you have been charged with a crime in New Jersey and believe that some of the evidence against you was illegally obtained, you may want to consider filing a motion to suppress that evidence. These motions can be difficult to win. If you are considering filing a motion to suppress evidence, speak with an experienced criminal defense attorney who can help you navigate the process. Speak with our knowledgeable Freehold criminal lawyers at Ellis Law. Contact us today at 732-308-0200 or contact us online to schedule your free consultation with our experienced team. We proudly serve our neighbors in Freehold, East Brunswick, Toms River, Middletown, Jersey City, Neptune, Hudson County, Union County, Essex County, and Ocean County, as well as Brooklyn and New York, New York.