Legal Question in Criminal Law in Georgia

Public Defender Never Filed Motion to Suppress is it too Late

I was arrested after a search of my home, I asked my PD to file a motion to suppress based on the search warrent was obtained without just cause, the trial has not started yet and I just got another lawyer, how come I can not file a motion now? Why would I suffer because the PD was too busy to pay me any mind?


Asked on 4/30/06, 10:51 pm

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Public Defender Never Filed Motion to Suppress is it too Late

The Uniform Superior Court Rules set a certain amount of time for motions to be filed once a defendant is arraigned. The judge may modify this time but it is usually limited to 10 or 20 days. This is done so that "judicial economy" is possible.

Your new lawyer could try filing a motion in liminie which can be filed at anytime and heard up until the time of the trial. The court could choose to "deny" the motion and not hear it but it would pepper the transcript with appealable errors.

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Answered on 5/01/06, 7:16 am


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