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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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is there a motion i can bring to the court BEFOR TRIAL to let

Resolved Question:

is there a motion i can bring to the court BEFOR TRIAL to let the judge know of facts that came out at depo... the vic said on record that the statements on the police report are not hers the police made them up... plus the police claimed to have my tag and discription and film from circle k....they have none...how can i bring this to the couirt to save a trial?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

I am a Florida criminal defense attorney and I believe I can provide assistance in this matter.

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Unfortunately, there is no pre-trial motion contained within the Florida rules of criminal procedure to address this issue. Instead, as your question alluded to, this is a trial issue. In trial, this is obviously something that could be used to your benefit. Not only does this discredit the police officer but it also suggests that the victim may not be a victim at all.

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Having said all that, you still may be able to use the information to avoid a trial. The prosecutor was at the deposition as well and should be aware of the issue. If so, this can certainly be part of the plea negotiation process and may well lead to a reduction or dismissal of the charges.

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


where can i find the proper format to a motion to supress the evidence in in florida and are the rules published

Expert:  Joseph replied 1 year ago.
What rules are you referring to?
Customer: replied 1 year ago.


i assume the rules to the motion.....do i get to call witness and sopena ppl?

Expert:  Joseph replied 1 year ago.

If you're referring to a motion related to your initial issue, as I stated above, there is no appropriate motion. However, if you're referring to some other evidence that you think may be subject to an order to suppress, then the relevant rules would be found in the Florida rules of criminal procedure.

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This portion may be what you are looking for:

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(g) Motion to Suppress Evidence in Unlawful Search.
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(1) Grounds.

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A defendant aggrieved by an unlawful search and seizure may move to suppress anything so obtained for use as evidence because:

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(A) the property was illegally seized without a warrant;

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(B) the warrant is insufficient on its face;

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(C) the property seized is not the property described in the warrant;

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(D) there was no probable cause for believing the existence of the grounds on which the warrant was issued; or

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(E) the warrant was illegally executed.

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(2) Contents of Motion.

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Every motion to suppress evidence shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the motion is based.

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(3) Hearing.

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Before hearing evidence, the court shall determine if the motion is legally sufficient. If it is not, the motion shall be denied. If the court hears the motion on its merits, the defendant shall present evidence supporting the defendant‘s position and the state may offer rebuttal evidence.

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(4) Time for Filing.

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The motion to suppress shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court may entertain the motion or an appropriate objection at the trial.

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As to the format to use, the best resource is your local law library. The library will likely have templates for documents that are acceptable in your particular jurisdiction.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 2 other Criminal Law Specialists are ready to help you

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