A motion to suppress is a motion filed by an attorney in an ongoing case in which the attorney alleges that certain evidence should be excluded from consideration by the court at trial. Examples include improperly obtained evidence, statements made when no Miranda warning was given, details of an improper traffic stop, etc. Filing of the motion is only the first step. The attorney must then schedule a hearing on the motion and present his argument before the judge who will then make a ruling upon the motion. The Judge may grant, deny, or grant part of the motion to suppress. If a motion to suppress is granted, then the evidence that was suppressed cannot be used at trial. Often winning a motion to suppress will encourage the State to offer a better plea agreement, or may give you an advantage at trial if key evidence cannot be presented by the State attorney.
Answered on Apr 22nd, 2013 at 5:05 PM