Filing a Second Motion to Suppress Evidence

By: Wallin & 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.
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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.”

To be considered newly discovered evidence, you and your criminal appeals lawyer will have to show that at the time of the original hearing, the defense was unaware of this new evidence. If you can convince the judge on this point, then the judge has the legal discretion to permit you a new hearing.

It is critical that you have an experienced California criminal defense law firm at your side when you are facing a serious criminal charge.
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Contact Wallin and Klarich 24/7 and we will be there to answer your questions. You can reach us at 888.280.6839 or our website, for information as to how we might help you win your case.

Posted In: Criminal Defense