under IL criminal procedure if motion to quash arrest was denied is it possible to appeal
Aurora, IL
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Posted about 1 year ago in Litigation
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MOTION TO QUASH AN ARREST DENIED:
IF MY MOTION HEARING TO QUASH AN ARREST WAS DENIED CAN THE ARREST BE BROUGHT UP DURING THE TRIAL ON THE SECOND CHARGE
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Answers (1)John T. Moran Jr.
This attorney is licensed in Illinois and 1 other state.
Posted about 1 year ago.
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A criminal defendant may not appeal a court ruling that occurs before the entry of a final judgment of conviction, that is, after there is a finding of guilty and a sentence imposed. However, in unusual cases, one can file for an original writ of mandamus to contest matters such as whether juveniles have a right to bail. I was successful in the latter case. The State can appeal so -called "interlocutory rulings" where they claim that it imposes a burden on their ability to prosecute. So they may appeal the granting of a motion to quash.
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