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Motion to Supress Evidence Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by tsdanir, Aug 17, 2008.

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  1. Aug 17, 2008 #1
    tsdanir

    tsdanir Law Topic Starter New Member

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    When a motion to supress evidence is filed in a criminal case does a trial still need to take place or will the judge make a decision regarding the motion to supress the evidence on a pre trial basis?
     
    tsdanir, Aug 17, 2008
    tsdanir, Aug 17, 2008
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  2. Aug 17, 2008 #2
    CdwJava

    CdwJava Moderator

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    Generally, a judge will hold a hearing on the motion if it is legally sufficient.

    - Carl
     
    CdwJava, Aug 17, 2008
    CdwJava, Aug 17, 2008
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  3. Aug 18, 2008 #3
    tsdanir

    tsdanir Law Topic Starter New Member

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    So the Hearing will come first and if the motion is denied a trial will take place?
     
    tsdanir, Aug 18, 2008
    tsdanir, Aug 18, 2008
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  4. Aug 18, 2008 #4
    CdwJava

    CdwJava Moderator

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    That's the simple version, but, yes.

    - Carl
     
    CdwJava, Aug 18, 2008
    CdwJava, Aug 18, 2008
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