Legal Question in Criminal Law in California
motion to suppress
what if it is denied?
4 Answers from Attorneys
Re: motion to suppress
The case proceeds with the evidence.
Re: motion to suppress
Then the case proceeds toward trial, where the prosecutor will be able to use the evidence. The situation will be essentially the same as before the motion was made.
Re: motion to suppress
Assuming the matter moves to trial and you are found guilty, your attorney has made a record and reserved tha matter for appeal.
Good Luck
Re: motion to suppress
It means the evidence seized against you is admissible and can be used in trial against you. This does not mean you are automatically guilty - the case simply moves forward to a resolution or trial if it cannot be resolved. The denial of motion to suppress can also be appealed depending upon circumstances. For example, you could take a guilty plea and still appeal the motion. If you win on appeal of the suppression motion, your conviction would most likely be dismissed.
Jacek W. Lentz
Los Angeles, CA
310.273.1361
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