How Much Work Does it Take to Get a Motion to Suppress Granted?
The amount of work that it takes to get a motion to suppress granted really depends on the case. A motion to suppress could last hours or days. Ultimately, it is the judge who makes the decision of whether or not an officer had probable cause to pull someone over. The simple motions aren’t going to take a lot of time, but if there is a lot of case law that’s changed, or if there are two different opinions in the appellate court and the judge wants to hear in detail your reasoning, then it will take longer.
What Recourse Other Than an Appeal do I Have if my Motion to Suppress is Denied?
If your motion to suppress is denied, then the evidence will be considered and there will be no recourse.
What Factors do You Consider When Deciding to File a Motion to Suppress Evidence?
When deciding on whether or not to file a motion to suppress evidence, we look at the evidence from the state and see if it all matches up. Based on what’s at stake, we make a decision. We have to consider whether we are trying to keep something out that’s really not going to affect the case and will only encourage the state attorney to be unwilling to make offers. There are so many things that go into it, and every case is unique. Hopefully, you have an experienced attorney who knows what he’s doing, because otherwise, he can make some bad decisions for you and you will be stuck with them. If you lose the motion to suppress and say, “My attorney screwed up, I want another motion to suppress,” then they are going to say, “Guess what, that’s on you buddy. You picked your attorney, you are stuck with them.”
Additional Information on Motion to Suppress Evidence in Illinois?
Every case is different, and there is just a real plethora of case law. There are so many search and seizure issues, and there are a lot of things that are similar but just a little bit different, which could be enough to make a judge change his or her mind. Of course, it all comes down to who the judge is, because some are very conservative, and even if they should grant the motion to suppress, they won’t.
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