If there is a legal basis, your lawyer may file a motion with the court asking that evidence be “suppressed.” Evidence is suppressed when a judge determines that the jury will not be allowed to consider it in determining whether you are guilty. Suppression motions can be very important in federal criminal cases. A successful suppression motion can end a criminal prosecution, greatly improve your chances or winning at trial, or provide a basis for effective plea negotiation.
Filing a suppression motion can have negative consequences as well. The prosecutor may seek to indict you on additional charges where there is a factual basis. Also, the prosecutor could file enhancements that may increase mandatory minimum sentences. In addition, the government’s need for your cooperation could diminish if there are other available sources for the same information. Whether you have a viable suppression issue is a matter that you should discuss with your lawyer.
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