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Can a criminal defendant be successful in a motion to suppress for deprivation and violation of Ga. Constitutional Rights?

Atlanta, GA |

Someone I know is going to represent themself thinking they are being deprived of the right to the court by being deprived of petitioning materiels that are needed to develop written motions and pleadings. He plans on filing a motion to dismiss for violation of Art.1, Sect. 1, Paragraphs 1, II, XII, and XVII of the Ga. Constitution believing that by depriving him of legal materiel the state is depriving him of his liberty to defend himself without proper process, the equal protection of the constitution, and him of his rights. So, can he be successful on the motion to dismiss and if not can he appeal the judgment on the motion or does he have to wait to appeal on those grounds until after conviction? Also, can he win a jury trial for violation of rights those rights if it's brought up?

Attorney Answers 5

  1. He's not going to win on those grounds. Defendants raise that all the time without success. Charges don't get dismissed simply because you claim you can't get to proper legal material. You have the right to an attorney, though, and I recommend that your friend hire one or get a public defender.

  2. Your friend has no idea what he is doing and he needs a lawyer to represent him.

  3. Common claim. Almost never succeeds. Your friend, as smart as he may be, has almost no chance of succeeding in any claims agains the government without the assitance of a GA criminal defense attorney.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  4. It sounds like your friend is getting his legal advice from "jailhouse" lawyers. Visit my blog for examples of other people, including lawyers, who have represented themselves all the way into prison. He who represents himself represents a fool.

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  5. From my years as an Assistant District Attorney I can tell you that this is a common claim. It is usually made by Defendants that are incarcerated and taking advise from the "Jailhouse Lawyers" that are also incarcerated. These "Jailhouse Lawyers" are IN JAIL with your friend. If this type of was successful they should be OUT OF JAIL - but their not! I highly advise your friend to retain an attorney to represent him or at least accept the services of a Public Defender. Representing yourself is usually NOT a good idea! I hope this information helps your friend.
    George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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