Legal Question in Criminal Law in California

motion to supress

I had a criminal court case. My public defender asked for a motion to suppress. The judge granted this motion. THEN, the case was dismissed because the D.A. did not get my case to trial in time, according to my civil rights, etc. Now six months later, the D.A. has filed a complaint against me, and I must go to court on the same case. My question is; Does the motion to suppress, which was granted by the judge in the last court hearing, still count? Is this motion going to still be held legally binding? Because, if the motion is still in effect , the D.A. can not use the evidence that was orderd suppressed, right? thank you.


Asked on 5/30/09, 4:28 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: motion to supress

Unfortunately, the motion is NOT binding on a subsequent prosecution. I assume your PD will challenge the search again.

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Answered on 5/30/09, 5:06 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: motion to supress

DA can refile a felony case. Sounds like he/she thinks case can be made based upon some new evidence or evidence which was not suppressed before. You will need to defend yourself.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/30/09, 9:17 pm


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