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Motion To Suppress Evidence

Introduction

In the Australian legal system, a motion to suppress evidence is a legal request made by a party to exclude certain evidence from being considered in a court proceeding. This motion is typically filed by the defense in criminal cases to prevent unlawfully obtained evidence from being used against the accused.

Why File a Motion To Suppress Evidence?

There are several reasons why a defense lawyer may file a motion to suppress evidence:

Violation of Constitutional Rights

If evidence was obtained in violation of the accused individual’s constitutional rights, such as through an illegal search or seizure, it may be deemed inadmissible in court.

Improper Handling of Evidence

If the prosecution mishandled evidence or failed to follow proper procedures in collecting or presenting evidence, a motion to suppress may be filed to exclude such evidence.

Protecting Defendant’s Rights

Filing a motion to suppress evidence is a crucial step in protecting the defendant’s rights and ensuring a fair trial.

FAQs

The process involves drafting a legal motion outlining the reasons why certain evidence should be suppressed, presenting it to the court, and arguing the case during a hearing.

If the motion is granted, the excluded evidence cannot be used against the defendant in trial, which may significantly impact the prosecution’s case.

Not all evidence can be suppressed. The admissibility of evidence is determined by various legal principles and precedents.

Consult Wright Street Lawyers for Legal Assistance

If you are facing a legal matter where a motion to suppress evidence may be relevant, it is crucial to seek professional legal assistance. Wright Street Lawyers in Adelaide, South Australia, specialises in criminal defense and can provide you with client-focused advice and representation. Contact us today for a consultation.

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