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Short Take: The Motion to Suppress

One of the most powerful tools available to criminal-defense lawyers during pretrial litigation in Texas is the motion to suppress evidence. This legal motion allows the defense to challenge the admissibility of evidence that was obtained illegally or in violation of the defendant's constitutional rights.

Here are some key aspects of the motion to suppress evidence in Texas pretrial litigation:

  1. Legal Basis: The motion to suppress evidence is typically based on the Fourth Amendment to the United States Constitution and Article 1, Section 9 of the Texas Constitution, which prohibit unreasonable searches and seizures. The defense may argue that the search or seizure of evidence was illegal because it was conducted without a warrant, or that the warrant was invalid because it was obtained without probable cause or failed to meet other legal requirements.

  2. Grounds for Motion: There are many grounds that may form the basis of a motion to suppress evidence in Texas pretrial litigation. These may include a challenge to the validity of a search warrant, a claim that the search was conducted without probable cause or a warrant, or an argument that the police obtained evidence through coercion or other unlawful means.

  3. Burden of Proof: In Texas, the burden of proof in a motion to suppress evidence is on the defendant, who must demonstrate that the evidence was obtained illegally or in violation of their constitutional rights. However, if the police obtained evidence in a way that violated a clear legal principle, such as the requirement for a search warrant, then the burden may shift to the prosecution to demonstrate that the evidence was obtained lawfully.

  4. Hearing: If the defense files a motion to suppress evidence, the court will typically hold a hearing to determine the admissibility of the evidence in question. Both the prosecution and the defense may present evidence and arguments at the hearing, and the judge will make a determination based on the facts of the case and applicable law.

The motion to suppress evidence is a powerful tool in Texas pretrial litigation, as it can potentially result in the exclusion of evidence that is critical to the prosecution's case. If you or a loved one is facing criminal charges in Texas, it's important to work with a skilled criminal-defense lawyer who can effectively advocate for your rights and interests during pretrial litigation, including the motion to suppress evidence. By developing an effective defense strategy that includes the motion to suppress evidence, you can pursue the best possible outcome for your situation.


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