If you’ve hired a criminal attorney in Indianapolis, you may hear the term motion to suppress and wonder what that means. Since the approval of a motion to suppress can be a key turning point in a trial, it is important to know this term. Here is more about motions to suppress and when they would be used according to Potts Law, an Indianapolis criminal attorney firm.

What is a Motion to Suppress?

A motion to suppress is a way for defendants to have evidence that would otherwise convict them excluded from their case. This means that even if the evidence is strong enough to convict a defendant, it must be excluded, generally because it was obtained illegally or violates the state or federal constitution.
Ordinarily, this motion is made during the trial. However, it can also be made before a trial. Either way, the prosecutor and judge will need to hear why the motion is being made, and the judge will need to approve it.

Why a Criminal Attorney in Indianapolis Would Use it

Sometimes, certain evidence must be excluded from a court trial by the state or federal constitution. However, more commonly, a motion to suppress is made because the evidence was obtained illegally. This means it was obtained:

• If English is not the first language of the defendant and there was no translator present.
• If the defendant was intoxicated at the time of confession.
• If the defendant has a mental disability.

In short, a criminal attorney in Indianapolis can use a motion to suppress to have evidence excluded from a trial if it was obtained illegally. If you believe some of the evidence in your trial was obtained illegally and you are eligible for a motion to suppress, contact Potts Law at (317) 951-0087 or fill out the online contact form to hire your Indianapolis criminal attorney.