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In Massachusetts, a motion to suppress is a way to exclude evidence that the police got illegally. If you win a motion to suppress, the Commonwealth cannot introduce the illegal evidence at trial. Sometimes, that means the case is dismissed.
Right to Appear in Civilian Clothes. The defendant has a right to appear in civilian clothing (instead of a prison or jail uniform) to avoid the risk that the jury's judgment will be tainted and the defendant's right to a presumption of innocence will be compromised.
Court is not a casual place. It is where significant matters take place. Whether you are facing serious jail time or a minor infraction, a well-dressed person is showing respect to the court. It doesn't mean you must wear a business suit (although if you are able, you should).
A motion to suppress evidence is a request from the defendant for the judge to exclude certain evidence from the trial. The request is typically made well before a case goes to trial and if the defendant wins, the case can also be dismissed.
A motion to suppress evidence in Nevada is a written legal document that the defense attorney files with the court. It contains: a request to the judge to keep certain evidence from being introduced into trial; and. arguments meant to persuade the judge that it is legally necessary to suppress the evidence; and.
While in general, on a motion to suppress, the defendant has the burden of proving, by a preponderance of the evidence, that the material in question was seized in violation of his constitutional rights, there are several situations where the burden shifts to the government. United States v.
An example is when a person has been charged with a DUI, and their chemical test was mislabeled or mixed up with others at the lab. That is grounds for the evidence to be suppressed even if they were over the limit.
An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.