Sewall's Point, FL DUI Law Firms & Lawyers

A motion to suppress is a motion filed by an attorney in an ongoing case in which the attorney alleges that certain evidence should be excluded from consideration by the court at trial. Examples include improperly obtained evidence, statements made when no Miranda warning was given, details of an improper traffic stop, etc.  Filing of the motion is only the first step. The attorney must then schedule a hearing on the motion and present his argument before the judge who will then make a ruling upon the motion. The Judge may grant,  deny, or grant part of the motion to suppress.  If a motion to suppress is granted, then the evidence that was suppressed cannot be used at trial.  Often winning a motion to suppress will encourage the State to offer a better plea agreement, or may give you an advantage at trial if key evidence cannot be presented by the State attorney.

Expunction of a DUI criminal history record is possible if (1) the charge was "nolle prossed" (dropped) by the prosecution (the State) or dismissed by the Court, and if (2) the person seeking expunction has never been convicted of any crime, misdemeanor or felony, or adjudicated to be delinquent as a juvenile of any felony or some misdemeanors, and if (3) the person has never previously been the recipient of a sealed or expunged criminal history record. Interestingly, and in my view very unfairly and in disregard of the basic principles within the criminal justice system, the legislature decided that a person cannot receive the benefit of expunction if he or she goes to trial and is found not guilty.  So, despite the Constitutionally guaranteed entitlements of the presumption of innocence and the right to a trial at which the government, which has made the charge(s), must prove its allegations, an accused individual who opts for a trial, and wins, is not eligible for expunction.   If the person seeking expunction is eligible, as confirmed by the Florida Department of Law Enforcement, he or she could then petition the Court to expunge the record, and the Court would hold a hearing and determine whether the request should be granted.  The Court is not obligated to order expunction even if eligibility exists, but in most jurisdictions a denial would be unusual.