What is a Suppression Motion in criminal defense in North Carolina?


If there is a legal basis, your lawyer will file a motion with the court asking the court to “suppress” certain evidence.  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 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 federal prosecutions, the government’s need for your cooperation could diminish if there are other available sources for the same information.

R. Clarke Speaks
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Trial Lawyer and Founder of Speaks Law Firm, P.C.