“When evidence is gathered illegally, the law gives us a lever to push back.”
— Carolle El-Naffy, Esq.
When you’re facing criminal charges, every piece of evidence matters. But what happens when that evidence was obtained unfairly—or even illegally? That’s where a Motion to Suppress comes in. This powerful legal tool can dramatically change the course of your case by excluding evidence that violates your rights.
At El-Naffy Law, we specialize in challenging improper police conduct and unconstitutional procedures. One of our most effective strategies is filing a Motion to Suppress when your Fourth or Fifth Amendment rights have been violated.
What Is a Motion to Suppress?
A Motion to Suppress is a legal request asking the court to exclude evidence from trial because it was obtained in violation of your constitutional rights. Common violations include unlawful search and seizure, lack of probable cause, and failure to properly Mirandize a suspect.
If the court grants the motion, that evidence is removed from the prosecution’s case—and sometimes, without it, the entire case falls apart.
Common Reasons a Motion to Suppress Is Filed
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No Search Warrant or Consent: If police searched your home, car, or belongings without a valid warrant or your consent, that evidence may be excluded.
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Illegal Traffic Stop: If officers had no legal reason to stop you, any evidence they find—like drugs, weapons, or statements—might be thrown out.
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Miranda Rights Violations: If you weren’t advised of your rights before a custodial interrogation, your statements may not be admissible.
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Improper Chain of Custody: Evidence must be collected and handled correctly. If it isn’t, it may not be reliable in court.
Why a Motion to Suppress Can Change Your Case
When a Motion to Suppress is successful, it can lead to:
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Charges being reduced or dismissed
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Better leverage during plea negotiations
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A significantly weaker prosecution case at trial
Think of it as a legal chess move—it can shift the entire strategy in your favor.
Why You Need an Attorney Skilled in Suppression Law
Filing a Motion to Suppress takes more than just legal knowledge. It requires a deep understanding of case law, attention to procedural details, and strict adherence to deadlines. If a motion is not filed properly or on time, you may lose your opportunity to challenge the evidence.
At El-Naffy Law, we understand how to identify constitutional violations, draft compelling motions, and advocate aggressively in court.
Contact El-Naffy Law Today
Call Now: (305) 456-7576
By Appointment Only: 75 Valencia Ave, Suite 800, Coral Gables, FL 33134
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