How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask jamest Your Own Question

jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
Type Your Criminal Law Question Here...
jamest is online now
A new question is answered every 9 seconds

I was granted a motion to suppress. The DA refiled and ...

Resolved Question:

I was granted a motion to suppress. The DA refiled and the judge reversed his decision, stating the Deputy who testified is a more reliable witness then myself. The Deputy testified as to the sequence of events, out of sequence with which he stated in his incident report, which was the true sequence. My attorney said he could not question this fact, because the hearing was about the law not charactor. Do I have any options left, this been denied by the appellate court?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
A trial courts ruling on the admissibility of evidence is generally not appealed until the case is completed, it is not what would normally be an interlocutory appeal, which means an appeal which takes place while the lower court is still trying the case and the appellate court is only reviewing the question submitted to it. A judges rulings on matters of law in areas of the trial courts discretion, and admissibility of evidence is within the trial courts discretion, and an appeals court will only reverse on abuse of discretion, meaning there is no reasonable way that any reasonable judge could reach the same conclusion, or that there was plain error as to the facts.
Customer: replied 6 years ago.
Reply to jamest's Post: The Deputy says he can't recall me objecting to the search, which I did. And then the deputy testified that He had cleared the house of people, searched half the house and then discovered me in the garage. He stated in his incident report that he cleared the house of all people including myself before starting the search. Which is what he did, in fact he sent two other people out after I was already out of the house. I want to know is there any way to point out deputies inaccurate recall of his own report to establish the possiblity that I had in fact objected to the search. Also I am useing Randolph v Georgia as the basis of my motion. Thank you
Expert:  jamest replied 6 years ago.
can you explain more about what lead upto this incident? How this started?
Customer: replied 6 years ago.
Reply to jamest's Post: The deputies came into my house after receiving consent from my girlfriend whom they had pulled over for suspected dui.
Expert:  jamest replied 6 years ago.
I don't think at this stage any more can be done. I certainly am in no position to undermine the actions or competency of your attorney. This was at a hearing on a motion to suppress, at trial your attorney can cross examine this whiteness regarding the inconsistencies in his testimony from his report. The judge and jury are allowed to believe or disbelieve anyones testimony so if you can cast doubt on it at trial, the court will still be able to consider the inconsistencies. I do not think that any further motions would change the trial courts mind at this point.
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
jamest and 3 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.