If a PCRA hearing is granted and a new trial is ordered, (IN PA) would i be able to file a motion to supress the evidence?

Attorney answers (2)

1. Licensed in PA

   

   Jeffrey B. Engle

   Harrisburg Criminal Defense Attorney

   Contributor Level 13

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   Answered February 02, 2012 18:31. If PCRA relief is granted and you are granted a new trial, then you may file a suppression motion. The PCRA process is difficult, however, and it's difficult to get relief. You would have to prove numerous factors are present. (see Blog article below which outlines PCRA).
   
   Good luck!

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   • PCRA Relief

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2. Licensed in PA

   

   Shannon McDonald

   West Chester Criminal Defense Attorney

   Contributor Level 13

   Answered February 03, 2012 08:05. After the PRCA is filed the court will consider the facts and possibly have a hearing. If you win that (and, unfortunately for you, it is a big if) then you may get a new trial or another form of relief.
   
   If you get a new trial, you get a redo of the entire trial. That means you can file any trial motions, re-question and depose any witnesses, and hold the whole trial all over again. It is truly a second bite at the apple.
   
   Best of luck,
   
   Shannon K. McDonald

   • www.mcdonalddefense.com

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