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Middlesex County Criminal Motions Attorneys
With over one hundred years of combined criminal defense and litigation experience, the attorneys at The Law Offices of Jonathan F. Marshall represent clients charged with aggravated sexual assault, criminal mischief, trespassing, and marijuana possession throughout New Jersey including in South Amboy, East Brunswick, Dunellen, and Piscataway, NJ. Our criminal defense lawyers are available immediately to assist you at (732)246-7126. The initial consultation is always free of charge.
Stages of a Criminal Case: Motions
The most common motions filed in a criminal case are motions to suppress evidence. This evidence can include drugs, guns, or the famous “bloody glove” from the O.J. Simpson murder trial. Moreover, a motion to suppress can move to suppress statements made by the defendant if they were unlawfully obtained. For example, if the defendant invoked the right to silence or the right to counsel and the police continued to interrogate or question them, any statements obtained should be suppressed.
The technical method of suppressing these statements or other unlawfully obtained evidence is called a motion. A motion is a legal pleading which asks the court for some specific action. For example, if the police seized certain evidence, say marijuana or cocaine, but failed to obtain a warrant for this search and the search is not valid under any of the exceptions to the warrant requirement (such as “search incident to arrest” or “the plain view doctrine”) then this evidence was seized unlawfully. An experienced criminal defense lawyer will file a motion to suppress this evidence and the judge will rule on the motion. If the evidence is suppressed, it will not be used against the defendant at trial or in any plea negotiations.
Contact the experienced attorneys and former prosecutors at The Law Offices of Jonathan F. Marshall with any questions or concerns that you have at (732) 246-7126.