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New Evidence May Allow Second Suppression Hearing

By Walin & Klarich

Criminal Defense Attorneys May Have More Than One Attempt At Suppressing Damaging Evidence You may be able to get a second bite at the apple for suppression hearings, but there must be new evidence that justifies the second bite, or your request will be denied. Late last year, a California Appellate Court ruled that a Defendant was not entitled to a new hearing on a suppression motion at the retrial, unless she could not present additional evidence that would justify a different ruling. Courts are reluctant to question the discretion of another magistrate, or their position on the credibility of witnesses or evidence that was presented at a suppression hearing. If a magistrate has already heard your case, and ruled against you, it?s generally a closed issue...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 26, 2009 (boomark / email).