Legal Question in Criminal Law in Mississippi

criminal defense

A person was charged with armed robbery and another person was charged with accessory after the fact in the same crime. If the person charged with the robbery accepted a plea and the person charged with accessory had the contents of a search warrant executed thrown out, can the plea accepted by the other person be overturned? Does the rule ''fruit of the poisonous tree apply in this situation?


Asked on 5/20/09, 1:56 am

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Re: criminal defense

Once a defendant enters a plea of guilty to a charge (i.e., Armed Robbery) it is very difficult to set aside that plea. However, in some circumstances it can be done. A competent defense Attorney should be consulted at once.

The "Fruits of the Posionous tree" doctrine applies when evidence is discovered by virtue of an illegal search. If the search warrant was Quashed, the evidence is disregarded. If the basis of "throwing out the search warrant" was that the warrant was illegal or that it was improperly issued, the evidence would be disregarded as fruits of the illegal warrant, and as such the doctrine would apply in that case.

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Answered on 5/20/09, 3:26 pm


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