Hello! I can definitely assist you with this question.
Allow me to post my standard blurb about accepting answers here on JA. I will then address your situation specifically.
If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research. There is no Attorney-Client relationship created by our communications and the advice and information that I provide is merely for informational purposes. The advice that I provide is not to be taken over the advice of a competent attorney within your jurisdiction.
What was the motion used to suppress?
A motion to suppress evidence is just a motion intended to keep evidence from coming in at trial. If on appeal the appellate court feels that motion to suppress should have been granted it will remand the case back to district court for a retrial on the facts, without the introduction of the evidence that should have been suppressed.
The overall answer to your question is yes the defendant can still be tried and prosecuted, but if the evidence is material evidence that the state intended to use to convict the defendant, then the inability of the state to enter the evidence that is now suppressed could substantially effect the outcome of the case.
Does this answer your question?
If this answer does answer your question if you would please click the accept button so that I may be compensated I would greatly appreciate it. If you do not click the accept button I will not be compensated for my work. Clicking the accept button does not prevent you from asking further questions on this post, it will just change the chat format to a Q&A format.
ok, so what if the evidence that was being suppressed was illegal search and seizure, violation of 4th amendment rights, and arrest? does that still apply?
Yes, if the case is remanded and the state feel as they no longer have a case then they can elect to dismiss the case.
heres the thing,
is this a common practice?
It is common for the state to dismiss a case if they feel they do not have sufficient evidence to prosecute a defendant.
sorry, how likely are they to preceed?
Under the facts and motion to suppress that you have provided I would say unlikely unless they have more evidence.
But those are pretty big issues to have suppressed.
Have I sufficiently answered your question?
yes, but I have a few more questions. If I accept so that you can be compensated will I be able to ask the other qutions?
Yes, but the most efficient means is in the chat. so go ahead and you can accept at the end of our conversation.
what if there hasnt been a trial yet only a motion hearing, does it still go back to district court? is that the process?
Yes. the trial will be in district court. The only thing appealed was the district courts ruling on that particular motion to suppress.
Any other questions on this particular question?
Are you currently in the chat?
the situation is this, two guys were being watched by UCE's they were to make a deal on a paticular night, well, it didnt happen, so the deal was set for the next day, now the two that were being watched meet at , lets say guy #1 house, gut #2 stayed , guy#1 left meet with another guy recieved a small package, then left and went back home. never being stopped, now the UCE's follow guy #3 have him pulled over
by a local officer which was told to do cold stop
Ok. It will be a judgment call by the state whether or not to proceed, but it is good news that the evidence was suppressed, that definitely helps the defendant's cause.
evidence not suppressed yet, waiting for court of appeals. wanted to know how it all works
Thats how it works!
Hopefully it will be supressed.
ok thank you for your time
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).