PLEASE WATCH #HABERPA'S VIDEOFAQ # 390 If I win a Motion to Suppress is the case Dismissed? @ https://youtu.be/uR6aFfrkdDs
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 # 390) "If I win a Motion to Suppress is the case Dismissed?" 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 # 390 explains what happens if you win a pretrial evidentiary Motion to Suppress and goes like this:
"Thanks for asking “If I win a Motion to Suppress is the case Dismissed?”
A Motion to Suppress is a Defense request for a pretrial evidentiary hearing asking the Court to exclude items of evidence from a trial. If granted it may - “may” - be “dispositive” of the case. (In other words, if the Court rules that the evidence is inadmissible, and if the State needed that evidence in order to prove it’s case, then the case should be dismissed. Confused? It’s okay... I’ll give you an example of a dispositive and a non-dispositive Motion to Suppress.)
Let’s say that I get arrested for DUI and the facts of the case are that I was stopped for weaving on the roadway. When Officer Unfriendly, who’s wearing an active body-camera, approached my driver window she was struck with an overwhelming odor of alcohol. She also observed bloodshot watery eyes and slurred speech. I agreed to take Field Sobriety Tests and when I exited my car I stumbled, fell down and needed help getting back up. I agreed to take a Breath Test and blew well over the legal limit. I was never read Miranda but, while at the police station I was asked if I’d been drinking and I proceeded to tell the officer about the party that I had just left after having had 7 shots of Tequila.
We could seek to suppress everything, alleging either that the stop itself was illegal or that there was no Probable Cause for the DUI investigation. Of course in the example that I just gave that’s a loser. Why? As the Officer actually observed me committing an infraction the stop was lawful; further the officer’s observations when she came into contact with me easily provide the requisite reasonable suspicion to conduct a DUI investigation, so that’s gonna fail. But, were a Judge to grant it then everything that happened afterwards would be considered “the fruit of the poisonous tree”, excluded from evidence, leaving the State with no case and would therefore be “dispositive”. That said, knowing that both the stop and DUI investigation were legally justified, and if we had a good faith basis upon which to do so then we might seek to exclude either or both the breath test results and or my statements. If we were successful then either or both would be excluded from evidence, but it would NOT be dispositive of the case. Why? Because the State could still proceed on an impairment theory using the basis for the stop, the officer’s observations of my appearance and abilities, as well as my performance on the FSTs. Whether or not that’d be enough to secure a conviction is up to a Jury but, without proof of my BAC and my admission to drinking the State would have a tougher case. Capiche?"
- 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 # 390) "If I win a Motion to Suppress is the case Dismissed?", which you can watch at the following URL: https://youtu.be/uR6aFfrkdDs
- 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 # 390, 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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