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1. Motion to quash subpoena cook county illinois template how to#
2. Motion to quash subpoena cook county illinois template trial#

This may lead to a dismissal of charges against a person because of the improper actions of the law enforcement officer. A person may actually have committed a crime, and that fact would have been established if the matter had proceeded to trial, but the legally improper actions of the officer in effectuating the arrest and seizing the evidence may lead to the exclusion of all mention of the arrest and evidence collected as a result of the arrest.

Motion to quash subpoena cook county illinois template trial#

One of the ways to distinguish a motion from an argument that is made at trial is that a trial is intended to determine issues of fact while motions are addressing issues of law, such as whether the arresting officer had justification for his actions. Most times, these two legal requests are submitted as part of one motion. The existence of reasonable probable cause may be challenged in a motion to quash the arrest and a motion to suppress any evidence that was obtained as a result of the arrest. Some situations may involve a warrantless search and seizure, depending on the facts of the case.

In most instances, there must be a showing of probable cause before a court will issue a warrant that is required for a search and seizure of evidence or the arrest of a person inside his or her home. Probable cause is necessary for a law enforcement officer to conduct a search and/or execute an arrest. When analyzing whether a motion to quash and suppress evidence is a viable plan of action for a particular case, it is necessary to determine whether the investigating or arresting officer had the probable cause necessary to take the actions that he did. Illinois Law and a Motion to Quash and Suppress Evidence Freidberg advocates fiercely on behalf of his clients in order to minimize the penalties that they face after being charged criminally. Practicing throughout Chicago and all of Cook County, Mr. Freidberg has been representing the rights and interests of criminal defendants for over 20 years and has developed the skills and knowledge to create a strong legal strategy and implement it effectively.

Motion to quash subpoena cook county illinois template how to#

Freidberg, we focus on how to get the best results for our clients, examining the matter for weaknesses at every stage of the case. If this motion is successful, it may lead to the dismissal of the entire case as the prosecutor no longer will have a sufficient foundation on which to base the legal action.Īt the Law Offices of David L. The basis for such a motion arising out of that arrest is the fact that there was no basis for the arrest in the first place therefore, and evidence that was gathered as a result of the arrest was improperly obtained and cannot be used against the defendant.

Although this may not be possible in every case, there are legal mechanisms available to quash an arrest and suppress evidence that may present a person with an opportunity to wipe the slate clean. When a person has been arrested, he or she often wants the entire thing to go away entirely. There are many different actions that may lead to an arrest.