What Is a Motion To Suppress in Georgia?

What Is a Motion To Suppress in Georgia?

In a Georgia criminal case, including a DUI charge, the defendant can file a motion to suppress, which asks the court to exclude the use of specific evidence by the prosecution on the basis that the evidence was obtained in violation of the defendant’s Constitutional rights. Getting help from an experienced Georgia criminal defense attorney is essential to knowing whether and when to file a motion to suppress and properly filing the motion.

Filing a Motion To Suppress

In Georgia criminal cases, a motion to suppress is typically a pretrial motion that is filed with the court by the defendant in the early stages of the criminal process, before the case goes to trial. A motion to suppress asks the court to exclude specific evidence from the case, on the basis that police conduct in making the arrest or in obtaining evidence violated the defendant’s rights under the United States Constitution. If the judge grants the motion to suppress, the prosecutor cannot use the identified evidence to meet the standard for conviction of beyond a reasonable doubt.

If the court suppresses evidence, the prosecutor may not have sufficient remaining evidence to support a conviction. In that case, the charges may be dismissed. But even if the prosecutor decides to proceed and does not dismiss the case, a successful motion suppress can provide the basis for better terms of a negotiated settlement (plea deal) with the prosecutor, such as a lesser charge, shorter jail time, or a reduced fine.

To determine whether and when to file a motion to suppress, and on what basis to file the motion, a criminal defense attorney analyzes all the events and evidence in the case relating to police conduct during arrest and in collecting evidence. The expertise of a knowledgeable lawyer is necessary in filing a motion to suppress.

Grounds for a Motion To Suppress

There are many reasons why the basis for a motion to suppress may exist in a criminal case. Generally, they involve a violation of the defendant’s Constitutional rights under the Fourth and Fifth Amendments. Legal grounds for a motion to suppress evidence include:

  • Lack of a reasonable suspicion to stop the defendant prior to the arrest
  • Lack of probable cause for the arrest
  • Improper police procedures during the arrest, such as failure to properly advise the defendant of Miranda rights or implied consent rights
  • Lack of the basis to conduct a warrantless search
  • Lack of a valid search warrant, when a warrantless search is not justified, or lack of proper support for a search warrant
  • Improper administration of investigative tests, like field sobriety tests and breath or blood tests
  • Failure by law enforcement to maintain evidence properly after obtaining it

These are only examples of grounds for filing a motion to suppress. The circumstances in an individual case may provide different reasons. Grounds for a motion to suppress may arise due to police conduct at any time during or after an arrest, including:

  • During an investigation prior to detention or arrest
  • During an arrest
  • While interrogating a person prior to or after arrest
  • When collecting evidence
  • In maintaining evidence and the chain of custody

A criminal defense lawyer analyzes all the circumstances in the case to find whether there is the basis for a motion to suppress. Professional training and knowledge are essential to understanding when the legal basis for suppression exists.

Motion To Suppress in Georgia DUI Cases

A motion to suppress is an important tool in defending against any Georgia DUI charge. By the nature of DUI violations and arrest process, there are many different ways law enforcement can violate a person’s Constitutional rights. For that reason, representation by an experienced Georgia DUI lawyer is absolutely essential in any DUI case. Obtaining legal counsel at the earliest possible time is also extremely important.

Illegal law enforcement conduct may occur during a traffic stop, in questioning the person or others present at the scene, in obtaining evidence either at the scene or afterwards — including conducting field sobriety tests and breath or blood tests, in advising a person of their Constitutional and implied consent rights, in maintenance of evidence after collection, and in other ways. Because there are numerous ways that a defense lawyer may challenge law enforcement conduct in a DUI case, getting an attorney at the earliest time in a DUI case is essential.

Talk with an Experienced Georgia Criminal Defense Lawyer

Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing DUI charges or other criminal charges in northwest Georgia. If you need legal representation, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.

Categories: Criminal Defense