Legal Question in Criminal Law in California

Can evidence get suppressed at superior court if it was not objected to in municipal court?

Photo line up is believed to have been tainted/ coerced / prejudicial based on the fact that 3 of the 4 witnesses admitted to picking my husband out of the photo line up because they had received a letter from an out of state department of corrections informing them of his pending arrest and that they viewed his photo on their website before the photo line up. The fourth witness claims to not have viewed the website photo ( all witnesses live together and was present during the crime). The suspect had on a mask but fourth witness claims to remember my husband because of his eyes and mouth. Photo line up done 7 months after the crime. Only the fourth witness photo line up selection was admitted as evidence during the Prelim. and used to bound him over. He has not been arraigned in superior court yet. Out of state department of corrections was contacted and stated that they did not generate any such letter and will be sending me a written statement.


Asked on 8/08/09, 6:42 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

First - there are no more municipal courts and superior courts.... they're all consolidated and are superior courts. If you're asking about pre- and post-preliminary hearing -

The short answer is yes, your attorney can pursue a motion to suppress evidence after the preliminary hearing. In addition, the holding to answer order can be challenged by way of a 995 motion. The time to object to the evidence would have been before or during the preliminary hearing, but it's not too late. There are still opportunities to challenge the line-ups and the evidence.

You'll need a good attorney working on your behalf, given the circumstances thus far in the investigation and the case . . .

Read more
Answered on 8/09/09, 2:17 am
Terry A. Nelson Nelson & Lawless

Can it? Sure. Will it? You'll get your answer from the judge at the conclusion of the Motion hearing[s]. No one here can give you an intelligent opinion without reviewing all the documents and testimony expected. If you're serious about getting counsel for this, feel free to contact me.

Read more
Answered on 8/09/09, 5:57 pm


Related Questions & Answers

More Criminal Law questions and answers in California