Motion To Suppress Evidence

Summary

In Alabama, if evidence was obtained through an illegal search and seizure, you can file a motion to suppress it, citing a violation of your Fourth Amendment rights. You have 42 days from the judgment to file an appeal. Consider consulting an attorney to evaluate procedural aspects and guide you through the appeal process. Pre-sentencing motions like a motion for a new trial or to reconsider evidence can be filed. To file a motion to suppress, draft it clearly, file it with the court, provide supporting evidence, and prepare for a hearing.

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JoAnn
Hi JoAnn! How can I assist you with your legal issue today?
The Judge in my case ordered a motion to suppress in my case, Allowing the DA's office 14 days to respond, with either new evidence or a dismissal.Which they failed to do. Two weeks after the deadline they filed a motion to reconsider with no new evidence and the Judge allowed it and allowed the evidence back in.
JoAnn, it sounds like there might have been a procedural error in your case. You might want to consider filing an appeal or a motion to reconsider the judge's decision.
Can you share your location so I can provide more specific information?
Alabama
JoAnn, the situation you described may involve procedural errors. In Alabama, you may want to file an appeal or a motion to reconsider the judge's decision. Here's some general information:
- You have 42 days from the judgment to file an appeal.
- Consider consulting an attorney who can evaluate the procedural aspects of your case and guide you through the appeal process.
Would you like more detailed information on how to proceed with an appeal?
The case is 4 years old and I don't go for sentencing until February
JoAnn, it sounds like you are dealing with a complex procedural issue. Since your case is still ongoing and you are not yet sentenced, you might still have options. Consider these steps:
- Discuss with your attorney about the possibility of challenging the evidence admission.
- Check if any pre-sentencing motions can be filed based on procedural grounds.
Would you like more information on pre-sentencing motions in Alabama?
Yes I would like more information
Sure, JoAnn. Here is some information on pre-sentencing motions in Alabama:
- Motion for a New Trial: Can be filed within 30 days after the verdict.
- Motion to Arrest Judgment: Challenges the legal sufficiency of the verdict.
- Motion to Reconsider Ruling on Evidence: Can be filed to challenge the admissibility of evidence before sentencing.
Would you like to know more about any specific motion?
Yes on illegal search and seizure
JoAnn, here's additional information on challenging evidence based on illegal search and seizure in Alabama:

- Motion to Suppress Evidence: If evidence was obtained through an illegal search and seizure, you can file a motion to suppress that evidence.
- Fourth Amendment Rights: This motion argues that your Fourth Amendment rights were violated.
Would you like more detailed information on how to file this motion?
Yes
JoAnn, here's how you can file a Motion to Suppress Evidence based on illegal search and seizure in Alabama:
- Draft the Motion: Clearly state the evidence you wish to suppress and the reasons, citing the Fourth Amendment violation.
- File the Motion: Submit the motion to the court handling your case.
- Supporting Evidence: Provide any documents, witness statements, or other evidence supporting your claim.
- Hearing: The court will schedule a hearing where you or your attorney can argue the motion.
Would you like assistance with finding a lawyer specializing in this area or more details on drafting the motion?