Q: What are the mechanics of a motion to suppress evidence in criminal court? What are the chances of a judge denying the motion? A: Chosen as “Best Answer” by Asker on www.AVVO.com… Scroll down to read more!
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/how-does-a-motion-to-suppress-work–2352979.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
The Defense files the motion (levying the challenge) and the burden of proof is on the State to demonstrate that the evidence was in fact lawfully seized / obtained by law enforcement.
Each motion to suppress is unique as it is necessarily based upon the unique set of facts and circumstances which predicated the seizure of the items which are sought to be suppressed.
Each motion must be analyzed in its own prism, but also in light of the totality of the circumstances and the law as it applies to the case.
How a hypothetical Judge will rule on a hypothetical motion is a pointless question.
All of that said, if you are a criminal defendant and believe that your rights may have been violated then talk to your lawyer, and only to your lawyer, in person (and not on the internet) about your case. If you are a student (as I suspect) who is trying to do your homework then hit Google (or your search engine of choice) and get some concrete sources which will give you good solid textbook answers.
Either way I hope that I have been helpful in answering your question.
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
July 26, 2017 -
Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
April 11, 2016
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