QUESTION

When is it too late for a suppression hearing?

Asked on Nov 27th, 2012 on Criminal Law - Georgia
More details to this question:
A little over a year ago I was driving back from a local thrift store at 9 o'clock in the evening with a friend of mine when I passed a police officer. He immediately did a u turn and followed me for about 2 blocks at which time I pulled into a gas station to get cigarettes and he drove on by. (My DL was suspended for excessive points accumulation at the time but was due to be reinstated as soon as I sent 20 dollars to the Department of Motor Vehicles) I had my dog with me and just to be on the safe side I told my friend to drive my car to my house and my dog and I would walk the quarter mile home. Upon leaving the gas station my friend was immediately pulled over by the same officer. The officer hollered at me to come over to him and began questioning me about where I'd been and why I was on the street I have been on earlier. He said he saw me pull up to the gas pump on the wrong side and not get gas which looked suspicious to him and that after running my tags he found I didn't have a valid DL. He asked me if he could search my car and I let him. He kept questioning me and my friend about where we had been. This went on for about an hour. He then arrested me for driving on a suspended license and searched me before placing me in handcuffs. Both searches came up empty. He informed me that anything found on me once I got to the police station would be a felony at which point I told him I had a quarter gram of meth in my wallet. He said thank you for being cooperative and I would be hearing from someone in about 3 months. He then took me to jail. I posted bond on the driving on suspended charge which I later had reduced to a non moving violation. One year later I get arrested on a felony drug possession charge warrant.
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7 ANSWERS

Gary Moore
No.
Answered on Apr 15th, 2013 at 6:31 AM

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You believed a cop?!?! You're getting what you deserve. They lie by the way. NEVER listen to this nonsense from cops. You CONFESSED to the meth. What is it you want suppressed. You SHOULD have kept your mouth shut, then if they found the meth you MIGHT have been able to kick it as evidence. NOT NOW. Next time DO NOT GIVE PERMISSION TO SEARCH YOU OR YOUR VEHICLE . . . AND REMAIN SILENT.
Answered on Apr 14th, 2013 at 10:17 PM

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Criminal Law Attorney serving Boulder, CO
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You have several issues but probably need a lawyer to get anywhere with them. There is a provision in law indicating that all charges that the DA is aware of must be dealt with at the same time. So, the driving charge and the drug charge should have been done at once. This is if the DA prosecuting both cases is the same. It is possible to suppress the drugs because you were forced to acknowledge their presence while in custody. This is a Miranda violation possibly resulting in suppression of the drugs.
Answered on Nov 29th, 2012 at 8:54 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The timing on a suppression hearing varies depending on the particular facts of each case, but normally any time prior to the setting of a trial date. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 29th, 2012 at 6:52 AM

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Michael J. Breczinski
No it is not too late for a suppression hearing if the case is pending.
Answered on Nov 29th, 2012 at 6:50 AM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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It's never too late to file a Motion to suppress or to challenge any ruling on an issue or conviction. I don't know what phase you are in, but a conviction may not be had upon evidence obtained in violation of your constitutional rights.
Answered on Nov 29th, 2012 at 6:38 AM

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It's never too late. As long as you haven't done a trial and haven't been convicted, a lawyer can always file a 1538.5 motion for you.
Answered on Nov 29th, 2012 at 6:37 AM

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