If you are facing criminal charges, you must build a strong legal defense that will reduce or altogether eliminate these potential penalties. Oftentimes, defendants attempt to file a motion to suppress or a motion to dismiss. Follow along to find out what the difference is between the two and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help you determine whether either apply to your case.
When does a motion to suppress apply?
First of all, a motion to suppress evidence is a type of motion that may be filed by your criminal defense lawyer to the criminal judge to remove certain pieces of evidence from your criminal proceedings. You may want such evidence discarded if you are under the impression that it was illegally obtained by the state or by the law enforcement officer at the scene of your alleged crime.
As an example, say that you are being ordered to a trial because you have been accused of a drug offense. With this, you may file a motion to suppress and claim that the law enforcement officer conducted an illegal search-and-seizure routine, or otherwise did not have reasonable suspicion or probable cause to conduct this operation. If proven true, the criminal judge may dismiss all the evidence that was collected at the time of your search, seizure, and arrest.
If your motion to suppress is successful, your criminal defense lawyer may have more power to negotiate a plea agreement with the prosecutor. Or, you may have a better chance of getting a “not guilty” verdict. Ultimately, you may even get your entire case dismissed if there is now insufficient evidence to convict you.
How does a motion to dismiss help my case?
On the other hand, your criminal defense lawyer may file a motion to dismiss to the criminal judge if there is a legal problem with the charges against you. For example, you may argue whether you committed a crime as a matter of law. Or, you may argue that the statute of limitations has run out and prosecution can no longer take place.
For instance, say that you are being ordered to a trial because you have been accused of domestic violence. You may still agree with the facts of the case that the state is presenting (i.e., your actions, your loved one’s injuries, etc). However, you may argue that these facts do not establish the crime of domestic violence in the state of New Jersey.
For more information on both of these motions, you must consult with a talented Morristown criminal defense lawyer today. We will evaluate every possible motion that is relevant to your case, so retain our legal services today.