FAQ: What Is A Motion For Suppression Of Evidence?

If you are charged with a crime and the police violated your rights in obtaining the evidence against you, then your attorney can file a motion for suppression of evidence.

If this motion is filed, then the court will schedule a hearing on the motion to decide whether or not the evidence was obtained in violation of your rights.

At the hearing, the district attorney has the burden of proving that the evidence in question was not obtained in violation of your rights. If the court grants the motion, then the evidence is excluded and not admissible during your trial.

Some examples of motions for suppression of evidence based on a violation of your constitutional rights are arguments to challenge an illegal search and seizure by the police, a warrantless entry into your home, an interrogation without being advised of your right to remain silent or an unlawful arrest without probable cause.

You should always consult with an experienced criminal defense attorney about the possibility of filing a motion for suppression of evidence in your case.

For legal counsel regarding your criminal matter, call 814-201-6287 or email the Law Office of Joel D. Peppetti, P.C.