QUESTION
Have my rights to due process been violated if my pre-trial suppression hearing was scheduled after the trial start date?
Asked on Jan 16th, 2013 on Criminal Law - Georgia
More details to this question:
My public defender first motioned to suppress evidence was rescheduled because the prosecutor wasn't ready. We were scheduled 10 days later and the prosecutor (different one) wasn't ready. I was told to come in the following week and found out I wasn't even on calendar. They told me to come back again and by now it was about a week before the start date for trial. When I came in a few days before trial, they asked me to wave time. I felt that they have wasted enough of my time, so I declined on waving time. I ended up having my pre-trial suppression hearing a few days after my trial date. It would make sense that pre-trial would be before trial. Can they really do this?
6 ANSWERS
John J. Carney
They can do the suppression hearings any time before the jury is selected.
Answered on Mar 11th, 2013 at 7:42 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You are not entitled to a hearing before your trial begins. The only guarantee is that you get the hearing with a ruling from the judge. (Many times judges "carry the hearing" with the trial and make a ruling at that time.).
Answered on Jan 22nd, 2013 at 1:48 AM
Michael J. Breczinski
I take it they delayed the trial for the suppression hearing. Yes they can do this.
Answered on Jan 19th, 2013 at 1:15 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Yes they can. Suppression hearings are not required to occur before trial. That's actually a good thing. Sometimes during the course of a trial, certain facts will come to light that give rise to a suppression issue. Wouldn't it be unfair if you couldn't move for suppression at that point. Why are you asking this question online, by the way? Just discuss this with your public defender. He or she knows way more about your case than random attorneys online do.
Answered on Jan 19th, 2013 at 1:14 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I've never heard of a pre-trial suppression hearing taking place after trial except where no hearing ordered, the defendant lost trial, and the appellate court sent the case back for a suppression hearing. Something doesn't make sense about what you wrote and I suspect that either something is missing or you haven't fully understood what is going on. Speak with your lawyer.
Answered on Jan 19th, 2013 at 1:13 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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They certainly can do this. Apparently you fail to realize the gravity of your situation. Usually a motion to suppress will need to be heard prior to trial. So hire an aggressive criminal defense attorney if you do not like the services of the public defender.
Answered on Jan 19th, 2013 at 1:13 AM