Legal Question in Criminal Law in Minnesota

If you are convicted by a judge after a bench trial, are you able to appeal the conviction if there is evidence your constitutional rights were violated by the police? Or would that be argued during the pre trial phase?

Asked on 2/18/21, 6:46 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Normally a defendant (their attorney) would challenge whether police lawfully obtained evidence during the pre-trial part of the court process, at a Contested Omnibus Hearing or misdemeanor evidentiary hearing. However, it maybe possible to litigate those issues at the same time as a court trial (to a judge only), with agreement of the prosecutor and judge. Any conviction can be appealed. But pre-trial and evidentiary issues should be raised and litigated at the trial court level to better preserve them for potential appeal.

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Answered on 2/18/21, 9:28 am

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