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Lissa M
Lissa M, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  23+ years as trial lawyer, supervisor, mentor, lecturer
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what is a map hearing

Customer Question

what is a map hearing??
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lissa M replied 5 years ago.

Hi, thank you for using JA. I am an experienced criminal defense practitioner and can offer some information.

A MAPP hearing comes out of the US Supreme Court decision in Mapp v. Ohio, where a hearing is conducted to determine whether evidence should be suppressed on the ground that it was obtained as the result of an illegal search and seizure. Essentially, those lawyers believe that either the police didn't have probable cause to search the vehicle or violated the defendant's rights in doing so. If they are successful in the MApp hearing and all the evidence that was taken is suppressed [which means excluded from evidence] then there can be no remaining evidence and the charges would be dismissed.

Usually a criminal record is relevant to bail-whether someone should be released and whether they will come back to court, and sentencing. Some courts will allow some or all of a criminal record to be used to cast doubt on credibility if a defendant testifies. It probably isn't relevant to the motion to suppress or Mapp hearing at all. If the charges were drug charges then that sum of cash surely looks suspicious, particularly depending on whether the driver is employed or not. If the case is dismissed, it is likely he'll get his money back though.

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Customer: replied 5 years ago.
it all makes sense to me. but what happens if one of the three accepts a plea, like a 6-5split, does that person have the right to appeal their case if the suppression hearing is successful? does taking the 6-5split affect the other guys cases at all?
Expert:  Lissa M replied 5 years ago.
Taking the split sentence doesn't really affect the other guys at all, BUT they government may try to call him as a witness at the suppression hearing. If they win, he can try to undo his plea but he will have a tough battle to do so. You could ask his lawyer why he took the deal instead of doing the motion, so you'll understand better. usually passengers, especially rear seat passengers in a MV stand in dcent position to defend if guns/money/drugs/contraband are found in the car trunk /glove box/under a front seat or console, becasue they can't show you had actual possession of anything or constructive possession [ legal terms of knowledge + the ability to exercise dominion and control]. So, if its a passenger only with noother connection to the vehicle but presence, adn the pldon't see him doing anything and he has nothing on him, thats a defensible case in many states. You should ask his lawyer a bit more to be sure the right decisions were made, you and he will feel better all around if you understand how he made his decision. Good luck, please ACCEPT as I have answered your questions as thouroughly as I can, and leave some Feedback too if you believe you have been treated well by JA!
Lissa M, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 98
Experience: 23+ years as trial lawyer, supervisor, mentor, lecturer
Lissa M and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
so if the suppression hearing is successful what steps should my boyfriend take in undoing his plea? where should we start
Expert:  Lissa M replied 5 years ago.
IF the suppression hearing is successful, the process might be complicated. A judge will essentially not want to allow you to 'hedge' your bets, so to speak....the only basis to undo a plea would be if ther is a legal one: he wasn't advised of what he was giving up; he wasn't told what a mapp hearing was; his lawyer wasn't diligent etc. usualyy there are recorded 'colloqy's' where the judge asks all these questions under oath to be sure the plea is knowing, voluntary, and intelligent. He would need a local lawyer to dothis, it can't be done pro se successfully in my experience. itmightbe helpful IF he is friendsly with the other 2 defendants, too ask if their lawyers would talk to you since your BF's case is over....or you could go to their hearing and see if it is a really good one or the lawyers were just fit for a CYA....Thank you, XXXXX XXXXX

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Lissa M
Lissa M
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23+ years as trial lawyer, supervisor, mentor, lecturer