When a defendant requests to a Judge to exclude illegal evidence, then it comes under motion to suppress. Motions to suppress evidence are common in search-and-seizure cases. A judge can exclude evidence from trial. However a defendant needs to request a suppression motion. The defense lawyer makes this motion well in advance of trial. If a defendant wins, then a judge can dismiss the case also. Talk to us now! We will help you get some relief from illegal evidence.
Suppression Motions in Ocean County Municipal Court are set under R. 7:7-2 as follows:
- How Made. Under R. 7:5-2 (motion to suppress), motions in the municipal court and answers to motions, if any, shall be made orally, unless the court directs that the motion and answer be in writing. Requirement of oral testimony or affidavits in support of or in opposition to the motion in its discretion.
- Hearings. A motion made before trial need to determined before trial. Unless the court, in the interest of justice, directs that it be heard during or after trial.
- Effect of Determination of Motion. Under R. 7:6-2(c) (conditional pleas), A defendant can get the permission to enter a plea if determination of motion adversely to the defendant. If a plea has been entered, the defendant may get permission to stand trial as soon as the adverse determination on the motion is made. If R. 7:7-1 sustain the objection or defense and is not otherwise remediable, the court can dismiss the complaint. If the court dismisses the complaint and the defendant is in custody on that complaint. Then the court gives order to release the defendant. Finally, a win situation.
Why You should Hire Us?
If you have criminal charges pending against you, then call us today. We will help you file a motion to suppress. As a result, it can reduce the chances of a prosecutor presenting illegal evidence against you. We have helped many clients with bad evidence in criminal cases with the help of suppression motion law. Similarly we can help you also. We will create a defense strategy based on the charges that you have. This strategy will help you get the best results for your case.
It is important to file motion to suppress as early as possible so that a defendant can exclude certain evidence. Illegal evidence can create a lot of problems in the case. It can lead to severe penalties if convicted. So, suppressing evidence is very effective as a defendant’s strategy Therefore, a lawyer guided bu their past experience can help you in filing a suppression motion. Talk to us now! Check our customer reviews here.
Suppressing the illegal evidence is the most effective weapon in criminal cases. If following this strategy in a correct way, then this can dismiss the case also. Further, it makes your defense strong in front of judge. As a result, a Judge can throw out the case against you.
We have a team of experienced attorneys. So, we can help you deal with your case in a professional manner. Above all is the customer satisfaction for us. We will fight for you to get the best outcome for your pending criminal case. If you need immediate help then call us today. You can also visit our office for face to face consultation.
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The lawyers at our firm, the Riviere Advocacy Group have the experience with the above rules in suppressing evidence seized as a result of unlawful searches by police agencies.
Since a warrantless search is presumed invalid, the state bears the burden of establishing that one of the exceptions allowing for a warrantless search applies. The standard of proof is a proponderance of the evidence. What this means is that the prosecution must prove that it is more likely than not that the facts establish an exception allowing for a search without a warrant otherwise a motion to suppress will defeat the search.
A defendant has enumerated protections under New Jersey Rule of Evidence 104 when he/she testifies at a suppression hearing. By testifying in a suppression hearing the defendant may only be cross-examined about the subject matter of the direct testimony at a Suppression Hearing. Also, the defendant’s testimony at the hearing may not be used against him/her later at trial.
Call us today to discuss how we can possibly suppress evidence obtained in an unlawful manner and is now being used in a case against you in Municipal Court. One of our lawyers is available now to discuss your case. Call us at (732) 64-NJLAW (65529)