New Evidence May Allow Second Suppression Hearing

By: Wallin & 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. The only time the issue may be reopened for consideration is if there is NEW evidence that the appellate lawyer was unaware of at the time of the original hearing. A qualified attorney will be able to review all the evidence and advise you accordingly.

Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients, including evidence suppression rights. Call now to speak to an experienced criminal law attorney.

Wallin & Klarich can be reached 24 hours a day, 7 days a week at 877-466-5245, or you may go to our website at www, for more information.

Posted In: Criminal Appeals