Motion to Suppress in Georgia

Common Reasons a Motion to Suppress May Be Granted

If a motion to suppress is granted, the court may exclude evidence that is critical to the prosecution’s case. If the motion is denied, the trial will continue.

There are several reasons why Georgia courts suppress evidence, including:

• A failure to read your Miranda rights
• Law enforcement officers conducting an unlawful search and seizure
• An error in the written chain of custody
• Arrest without probable cause
• Obtaining a confession with physical force
• Collecting unreliable evidence

Criminal defense lawyers in Lawrenceville, Georgia know that suppressing all or most flawed evidence in your criminal case can make or break your chances of being convicted or acquitted.

Most Common Situations in Which Motions to Suppress Are Filed?

Defense attorneys suppress the following types of evidence most frequently in Georgia:

Evidence from The Initial Traffic Stop

Police officers must have reasonable suspicion before pulling a driver over. In a DUI case, the officer’s suspicion will primarily arise from the driver’s behavior on the road, especially if the individual is driving erratically (running red lights and stop signs).

If a police officer pulls you over without reasonable suspicion, it is illegal, and the evidence collected can be suppressed.

Physical Evidence from Blood and Field Sobriety Tests

In most DUI cases, the prosecution often uses evidence of a blood alcohol concentration (BAC) above .08% to establish their case against the defendant. Such evidence is collected by law enforcement officers who conduct a field sobriety and blood test before a DUI arrest by collecting blood samples or using a breathalyzer device.

Additionally, the police officer and the prosecution must maintain a written chain of custody for all the evidence collected at the traffic stop.

A superior court lawyer can establish that the police officer broke the chain of custody, stored the blood evidence wrongly, or used a faulty breath-testing device. The submissions will prove that the test results were inaccurate, and the court must suppress the evidence.

Evidence From the Defendant’s Confession

If a police officer fails to read an individual their Miranda rights before questioning them, the prosecution will be unable to use the confession to prove their case.

Filing a Motion to Suppress in Georgia?

Filing a Motion to Suppress in Georgia begins with the defendant’s attorney formally requesting the judge to discard illegal evidence. The request may be submitted orally in court or in written form, and the defense counsel must explain why the evidence should be dismissed.

In addition, the defense attorney may refer to previous cases where suppression motions have been granted under similar circumstances.

What Happens at a Motion to Suppress Hearing?

A motion to suppress hearing is usually conducted before a criminal trial begins. After the defense counsel files the motion, the judge will set a date and time for the hearing. Once the court has received the defense attorney’s filing, the prosecution will be allowed to file a response to the motion.

Key steps in a suppression hearing often include:

• The judge schedules a hearing date

• The prosecution files a response

• Witnesses testify (often including the officer involved)

• Attorneys cross-examine witnesses and present evidence

• Both sides make legal arguments

• The judge issues a ruling

Most prosecutors will dispute the facts of the case outlined by the defense counsel to provide legal reasons for the evidence to be admitted. A mini-trial will be held alone in the judge’s presence, with no jury present.

The mini-trial will include the prosecution, defense attorney, and law enforcement officials who collected the evidence that is the subject of the motion to suppress. The burden of proof lies on the prosecution, who must show that the evidence was obtained without violating the defendant’s rights.

The hearing will begin with the prosecution’s witnesses, sworn under oath and cross-examined by the defense attorney. The prosecution will also cross-examine the witnesses of the defense. The court usually admits other types of evidence like documentary evidence, photographs, and video recordings related to the subject of the motion to suppress.

After cross-examination, the defense and prosecution will make oral arguments for the judge. The judge will then take some time to review the merits of both arguments before issuing a ruling. If the judge grants the motion, the prosecution will not be allowed to discuss the evidence in question with the judge or jury during the trial.

DUI-Related Suppression Motions in Georgia

In DUI cases, a Motion to Suppress can be pivotal for challenging evidence such as field sobriety tests, breathalyzer results, and blood tests. Field sobriety tests are often subjective and can be influenced by numerous factors like fatigue, medical conditions, or even uneven road surfaces. Challenging these tests can weaken the prosecution’s case and lead to a dismissal of unreliable evidence.

Blood and breath tests are another critical area for suppression. These tests must be administered according to strict protocols. Any deviation, such as improper calibration of devices or contamination, could lead to test results being inadmissible. Additionally, Georgia’s implied consent law requires law enforcement officers to clearly inform suspects of their rights regarding chemical testing. Failure to provide this warning or administer the test within a reasonable timeframe may violate the defendant’s rights, providing grounds for suppression.

For attorneys handling DUI cases, understanding these nuances can be the difference between a conviction and a dismissed charge, making suppression motions an essential tool in DUI defense.

What Happens If Your Motion to Suppress is Denied in Georgia?

A judge may deny a motion to exclude evidence for several reasons, including:

• That the evidence would have been discovered through legal means (Inevitable discovery)
• That the officer acted in good faith

If the judge chooses to deny the motion, criminal lawyers in Lawrenceville, GA, can appeal the judge’s ruling by presenting the motion at a subsequent hearing. However, it would be limited to the hearing transcript and evidence that could not have been reasonably presented at the time.

Additionally, if the motion to suppress is denied, the defense attorney will be able to preview the evidence legally admissible at trial so that they may provide you with better advice.

Why Should You Contact Us?

Lawyers at Philip Kim Law understand that the timely filing of motions will create an effective defense that prevents the prosecution from using certain evidence against you at trial. With so much evidence suppressed, the prosecution may have no option but to drop the charges against you.

Our lawyers have in-depth knowledge of the DUI Court and police procedures. We will challenge the admissibility of the police reports to ensure that you achieve the best possible outcome in your criminal case.

Call us now to schedule a consultation with a Georgia criminal defense lawyer.