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Filing a Second Motion to Suppress Evidence

By Walin & Klarich

Why You Need an Experienced Criminal Law Firm to Help You Make that Decision You may be able to get a second chance for suppression hearings, but there better be new evidence that justifies the request, 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 the defendants could present additional evidence that would justify a different ruling. A court will not 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. However, in some cases you may be able to bring a second suppression motion if it is based on ?newly discovered evidence...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 23, 2009 (boomark / email).