Motion to Suppress Evidence
Motions to Suppress are powerful tools in criminal cases. They are motions that can be filed to keep out illegally obtained evidence. They are often the difference between winning or losing your case. At the end of the day it isn’t about what evidence was recovered, but whether your constitutional rights were violated.
My name is Eric Benavides and I am a Texas criminal defense lawyer. I want to talk to you today about motions to suppress. Motions to suppress are types of motions that can be filed in criminal court to keep out illegally obtained evidence.
Examples where Motion to Suppress Comes into Play
If an officer did something to get evidence that was illegal, well the motion to suppress, if granted, would keep all of that evidence out of a trial.
For example, if an officer pulls you over and it wasn’t a valid traffic stop, anything that happens afterwards cannot be used against you. The same if a search warrant is illegal, anything they find pursuant to that search warrant cannot be used against you as well.
So a motion to suppress is very powerful. It can be oral, it can be written, it can be by affidavit. It’s very case-by-case but talk to your attorney about it and see if this could potentially help you in your case
Eric Benavides is a Houston Criminal Defense Attorney. He is a co-founder of Benavides & Serrano, PLLC. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College, and is a proven trial lawyer. He has been recognized as one of the best criminal lawyers in Houston by the Houstonia magazine, and has earned a perfect 10.0 rating on AVVO.