What is a Motion to Suppress in a Criminal Case

A motion to suppress is a strategy used to prohibit illegally obtained evidence from being admissible at your trial; it is a legal argument made by your defense counsel, prior to trial, which outlines any and all evidence that may have been obtained in violation of your rights. The motion is heard in front of a Judge in order to determine what evidence, specifically, will be admissible into your trial. If you feel as if you have been illegally arrested or had evidence against you obtained in an illegal way, you should consider hiring an experienced attorney at DelSignore Law to help you prepare and file a motion to suppress.

Examples of commonly filed motions to suppress are: a motion to suppress the statements you made over the course of your arrest and booking process, a motion to suppress any incriminating items that may have been found in your vehicle during the course of an inventory search by the police, and a motion to suppress the breath test evidence and the field sobriety tests that you may have performed.

In Massachusetts, Rule 13 mandates that any defendant or defense counsel whom wishes to file a motion to suppress must do so in an appropriate and timely manner:

  1. The motion must be filed stating the grounds on which it is based
  2. An affidavit must also be filed that lists the facts in which the motion is based upon, and the affidavit must be signed by the defendant

Once filed, the court will schedule your case for a motion hearing. If the judge allows the motion, the prosecution will not be allowed to use it at trial. This increases your chances of getting a good outcome on trial day.


In addition to getting some important evidence knocked out of trial, at a motion hearing your defense attorney will likely have the opportunity to cross examine the officer who arrested you under oath. This is a good way to help better prepare your attorney for what to expect at trial and can ultimately strengthen your case.

If you have questions or believe your rights may have been violated and are facing a criminal charge in Massachusetts, feel free to contact an experienced Criminal Defense Attorney at DelSignore Law today. The attorneys at DelSignore Law are happy to discuss your case with you and outline some of the strengths in your case along with any challenges that we can address before heading to trial.

To read more about an OUI charge and to get a better understanding of what to expect as you go through the court process, read our frequently asked Massachusetts OUI questions here.