When a defendant in New Orleans, Louisiana is facing criminal charges, they may choose to file a motion to suppress evidence. This motion requests the court to dismiss any evidence that was obtained unlawfully by the police. To decide on the motion, the judge may hold a hearing with witnesses to determine if the evidence was legally obtained. If the judge decides that the evidence was collected illegally, it cannot be used against the defendant at trial.
However, if there is a conviction, suppressed evidence can be used against the defendant during sentencing. In order to present new evidence in a post-conviction process, it must have been recently discovered and not available during the trial, despite the due diligence of the trial lawyer. The law states that the judge can only keep a defendant in jail if there is evidence that they pose a danger to the community or are at risk of escape. The process for filing a motion to suppress evidence in New Orleans, Louisiana starts with filing a written motion with the court. The motion should include all relevant facts and legal arguments that support why the evidence should be suppressed.
The defendant should also provide any supporting documents or affidavits that back up their claims. Once the motion is filed, the state will have an opportunity to submit a response. The court will then review both sides of the argument and decide whether or not to hold a hearing. If a hearing is held, witnesses may be called to testify and both sides will have an opportunity to present their case. After all of the evidence has been presented, the judge will make a decision on whether or not to suppress the evidence. If they decide that it was obtained illegally, it cannot be used against the defendant at trial.
However, if there is a conviction, suppressed evidence can be used against them during sentencing. It is important for defendants in New Orleans, Louisiana to understand their rights when it comes to filing a motion to suppress evidence. Knowing how to properly file this motion and present their case can help ensure that any illegally obtained evidence is not used against them in court.
