Suppression granted is usually a good thing for a defendant. As part of a criminal case the defense attorney will make motions to have certain evidence that the prosecution has excluded from the trial. Such a motion is called a suppression motion. Most of the time the court conducts a hearing before determining whether or not to supress. These hearings, while they are all suppression hearings, have names associated with them. As an example the court may hold a Huntley hearing to determine whether or not the prosecution would be permitted to introduce evidence of a prior statement that the defendant made, a Wade hearing would be held to determine if a prior out of court identification would be permitted to be introduced at trial. The most common suppression hearing is a Mapp hearing where the court determines whether or not certain pieces of physical evidence that was recovered would be permitted to be used at the trial. If suppression is granted that means the court ruled that the evidence in question will not be permitted to be used. So it is a good thing. The remanded and adjourned - well that's not so good I guess. It means that the defenda t is going back to jail and the case is to be put over for nine months. You should speak to the attorney and find out why that is so.
In a criminal case the prosecution relies on introducing incriminating evidence against a charged defendant to prove the case beyond the reasonable doubt under the strict legal requirements.
If you indicate that the suppression is granted that may mean that after the hearing on the merits of defense counsel's motion to quash certain evidence and /or suppress certain incriminating statements the ruling was to suppress certain evidence to be introduced at trial.
Therefore, that means that the prosecution (District Attorney's Office in New York) has less evidence to prove the criminal case.
But for a genuinely accurate response please ask the attorney of record who handles that criminal case in New York.
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It is a good thing. It means all or part of the evidence cannot be used against a defendant on the DA's direct case. Sometimes the DA has no case if evidence gets suppressed; sometimes the DA can proceed without the suppressed evidence; it depends on what type of case it is.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Suppression granted means some piece of evidence is now out of the case, meaning an Id procedure, statement or some type of physical evidence related to a search and/or the arrest.
It is a good thing.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
suppression is a good thing as it means that your lawyer made a motion to keep certain evidence out of trial usually based on a violation of some constitutional right and the judge agreed. Remanded means he is being held without bail - I'm not sure why there would be a nine month adjournment. You need to speak to his lawyer and get more details.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
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