PLEASE WATCH #HABERPA'S VIDEOFAQ # 389) What happens during a Motion to Suppress? @ https://youtu.be/c4fXJyNkkYg
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 389) "What happens during a Motion to Suppress?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 389 explains what happens during the course of a pretrial evidentiary Motion to Suppress and goes like this:
"Thanks for asking me “What happens during a Motion to Suppress?”
A Motion to Suppress is a case specific, custom tailored request for a pretrial evidentiary hearing wherein the defense seeks to have some, or all, of the State’s evidence excluded from your case.
It starts with a defense lawyer reviewing the unique facts and circumstances of your case, identifying some violation by law enforcement and then articulating the legal basis upon which it should be “shit canned” by the Judge. The only requirements for getting the hearing is that there must be a “good faith basis” upon which to move to suppress and the Defendant must have “standing” (or a legal right) to proceed. So long as the Motion is facially valid an evidentiary hearing must occur.
The Defense bears the initial burden of proof in a Motion to Suppress, and it’s simply to present a “prima facia case” - meaning that the defense must establish that the legal threshold for having the hearing exists. Depending upon the facts and circumstances there may or may not be a need for the Defendant to testify, but in any event the defense carries the initial burden of proof that some misconduct, impropriety or illegality occurred in the evidentiary trail. If the defense meets it’s initial burden then a presumption in favor of suppression is created and the burden of proof shifts to the State to rebut the presumption.
Rest assured that the State will fight tooth and nail in an all out effort to keep their evidence in. They’ll call witnesses to testify and argue every which way that there was no illegal, inappropriate or unconstitutional behavior by the police, and that even if there was, then there are independent reasons for the evidence to be admitted. (As a relevant aside some of the reasons why a Judge might permit otherwise inadmissible evidence to be admitted anyhow are that it would have “inevitably been discovery” irrespective of the impropriety or that the police were acting in good faith, being unaware of any issue with how the evidence was obtained).
In the end the Judge will either grant the motion and exclude the evidence or deny the motion, leaving the evidence presumptively admissible (it’s presumptive because the State still has to jump through all of the necessary predicate hoops to get it into evidence during a subsequent Trial)."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 389) "What happens during a Motion to Suppress?", which you can watch at the following URL: https://youtu.be/c4fXJyNkkYg
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 389, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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