A criminal case involved far more than just a trial. There are numerous pretrial hearings and proceedings to navigate, including filing pretrial motions. One such motion is a motion to suppress evidence that can be used to prevent prosecutors from using certain evidence against you.
A motion to suppress evidence is often filed because defendants believe that prosecutors may use evidence in court that was illegally obtained or does not meet the strict requirements set in the New Jersey Rules of Evidence. Even if prosecutors believe such evidence is true and helps prove their case, it violates your rights and should not be allowed in the courtroom. If the judge denies our motion, the evidence is admitted at trial, and you are found guilty, we can appeal the conviction based on the admission of the faulty evidence.
Contact our New Jersey criminal defense attorneys for a free, confidential case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
What is a Motion to Suppress Evidence in a Criminal Case?
A motion to suppress is a key part of many defense strategies. These motions help defendants protect themselves from evidence that violates their rights or that should not be admitted in the courtroom.
Pretrial Motion
Various types of motions exist, and they may all be filed at different times, depending on their purpose. A motion to suppress is a pretrial motion that is filed before your trial begins. The goal is to determine whether a particular piece of evidence should be admitted into court. As such, it is crucial that a motion like this is filed before the trial.
The court may schedule a date on which pretrial motions will be heard, and our New Jersey criminal defense lawyers must file our motions to suppress before this date so the judge has adequate time to review them.
Unlawful or Inadmissible Evidence
The purpose of a motion to suppress is to keep out inadmissible evidence. Evidence may be inadmissible if it was seized in violation of your rights or if it does not adhere to the strict rules set in the New Jersey Rules of Evidence.
Motions are granted or denied at the judge’s discretion, and the judge does not always get it right. If the judge denies our motion and allows inadmissible evidence to be introduced at your trial, we can appeal if you are convicted. If the appellate court agrees with us that the evidence should not have been admitted, you may be granted a second chance in a new trial without the inadmissible evidence.
Check on the Government’s Authority
Motions to suppress, and many other motions, act as a check on the government’s power in criminal trials. The government has broad authority to gather evidence, and motions to suppress help people caught up in the system protect themselves when the government oversteps its authority. If the police barge into your home without a warrant and take your property as evidence, they should not be allowed to get away with it.
FAQs About Filing a Motion to Suppress Evidence in a New Jersey Criminal Case
When Should I File a Motion to Suppress Evidence in My Criminal Case?
Motions to suppress evidence must be filed before the trial begins. These are pretrial motions that may be used to keep evidence out of the case before trial. If we succeed, the evidence may not be mentioned or shown to the jury, and it should not be considered when they deliberate.
Do I Need a Lawyer to Help Me File a Motion to Suppress Evidence?
Yes. While criminal defendants do not have to have legal representation if they do not want it, it is best to have a lawyer. The average person might not understand what makes some evidence illegal and other evidence admissible. Your attorney should be able to tell the difference between good and bad evidence and file any necessary motions to suppress illegal or inadmissible evidence.
Why is a Motion to Suppress Evidence Necessary?
A motion to suppress evidence may be necessary if the police obtain evidence in violation of your Fourth Amendment rights against unreasonable searches and seizures. The authorities must not be allowed to illegally enter your home, seize evidence, and use it against you. Also, even legally obtained evidence might be inadmissible if it does not satisfy the requirements of the New Jersey Rules of Evidence, and a motion to suppress is important for keeping out bad evidence.
How Do I File a Motion to Suppress Evidence in a New Jersey Criminal Case?
When filing a pretrial motion to suppress evidence, we first must determine what evidence we wish to suppress and why. We may argue to suppress multiple pieces of evidence in a single motion, but we must have some proof to back up our claims. If the evidence was obtained illegally, we must be able to show that the police lacked a warrant or a valid exception to the warrant requirement. Once we have our proof, we must draft a formal motion and file it with the court.
How Do I Support a Motion to Suppress Evidence?
Pretrial motions to suppress are usually handled in a pretrial hearing. The judge will review our motion and give us the chance to argue our position in court. The prosecutor will be there, and they may defend their use of the evidence. Our arguments should reinforce our claims in the motion and clarify any questions the judge might have.
What Happens After Filing a Motion to Suppress Evidence in a Criminal Case?
After we file the motion to suppress, there will be a hearing where we can argue our position and the prosecutor can make counterarguments. IF the judge agrees, they may grant our request to have the evidence in question excluded from the trial, where it cannot be used against you. If our motion is denied, the evidence will be allowed in court.
What if a Motion to Suppress Evidence is Denied?
If our motion to suppress is denied, the evidence we sought to exclude will be permitted in court, and prosecutors can use it against you. However, this is not the end of the line. If you are convicted based on the evidence we believe should have been excluded, we can file an appeal. If the appellate court agrees that the evidence should have been excluded, it may grant you a new trial where the evidence must be excluded.
Can I File More Than One Motion to Suppress Evidence?
Yes. While pretrial motions to suppress multiple pieces of evidence are often filed together so that everything is handled all at once, this is not always possible. As the case progresses, the prosecutor might find new evidence, and we can file new motions to suppress if we believe that evidence is inadmissible.
Speak to Our New Jersey Criminal Defense Attorneys About Your Case Now
Contact our Ocean City, NJ criminal defense attorneys for a free, confidential case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
