Motions to Supress / Motions to Dismiss

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A Motion to Suppress is a legal document filed by your criminal defense attorney which alleges that evidence relied upon by the State was obtained illegally and should not be used by the prosecutor in their case in chief. The filing of such a motion shifts the burden to the State to prove that police officers did not violate their client's constitutional rights. Failure by the State to meet this burden will render that evidence inadmissible. This means that the State will not be able to present such evidence in their case in chief and will quite literally have to ignore or pretend that it never existed. A successful motion to suppress can severely weaken the State's case and often leads to a voluntary dismissal of the charges by the Assistant State Attorney.

A Motion to Dismiss is a common pretrial motion. The party making the motion to dismiss is claiming the parties don't disagree on any of the important facts and the law requires that the charge or complaint be dismissed. This motion asks the court to dismiss the suit either because it lacks a legally sound basis even if all the facts alleged are proven true or because the statute of limitations has expired.

 
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