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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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is it possible for my attorney to suppress a certin officers

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is it possible for my attorney to suppress a certin officers written statements of events if u can prove 10000 % he is lying...or to suppress that what are grounds or burdens does she have to meet to file on something like that if at all possible........... 2. can my attorney supress the arrest report if it contains fact that the cop lied about events on the report itself?

Motions to suppress are used to resolve issues of whether or not evidence (including statements) were illegally obtained and should thus be excluded. Questions of credibility are not questions of law but questions of fact that have to be resolved by the the trier of fact (either a judge or jury depending on what kind of trial it is). So unfortunately no, the attorney cannot move to suppress untrue statements. Rather, the attorney can use the untrue statements to impeach the officer's credibility in front of the judge or jury to suggest to them that his other statements can also not be trusted.
Customer: replied 4 years ago.

ok lets say my attorney wins a suppression hearing and it totally disarms the state.......can my attorney ask for dismissal based on the state cant meet its burden? or how would u get that heard by judge BEFORE trial?

You can't. The prosecutor has to have the opportunity to put their case on. If they do not meet their initial burden after they rest during trial, then your attorney can make a motion for judgment of acquittal. But they get the opportunity to try to prove their case at trial. If they really do not have a case left after motions, most prosecutors will dismiss the case anyway. But a dismissal is up to them. The court doesn't get to decide that issue pre-trial.
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