My fiancée went to court yesterday thinking he was gonna get sentenced, and his public defender said that he had filed a motion to suppress and the judge accepted it and that was the end of his bench trial. So what will happen now? His public defender wasn't too clear about it.
A motion to suppress is a request that the judge issue an order to exclude certain evidence from the case. In terms of your fiancé's case, this may help him quite a bit. Depending upon what types of evidence is suppressed, the case can even be dismissed, although in your fiancé's case it appears that is not the case.
Basically some evidence was sought to be quashed. If the Judge grants the motion then potentially incriminating evidence will not be considered.
A motion to Suppress is a motion that is normally filed by the defense attorney asking for some evidence to be excluded at trial. Normally, exclusion is being requested because the evidence was unconstitutionally obtained or taken in some improper manner. A defense attorney may file a motion when the police violate a person's Miranda rights for example. A motion might also be filed when the police do not substantially comply with the constraint placed upon them by NHTSA when doing standardized field sobriety tests in a DUI. Get a good attorney to handle your matter and they will do such motions.
From what you have written, I assume that the motion was granted and that the case is now over.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline