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What is the likelihood of a dismissal during a suppression hearing?

Albany, NY |

I was arrested for DWI and in the police reports the officer does not indicate a reason for the traffic stop. Also, on the police reports he says that the traffic stop occurred two streets down from where it actually occurred. Would these facts have any bearing during a suppression hearing for dismissal?

So you know. I do have a criminal defense attorney who specializes in DWI cases. He told me he thinks it has a 50/50 chance of dismissal, which is obviously just one opinion. I guess the chief reason why I am asking this is to see what sort of cases usually warrant dismissal. If you have any examples from your own suppression hearings, those would be greatly appreciated.

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Attorney answers 4

Posted

These facts are relevant. You certainly can litigate the motion, but only a qualified attorney in your area with full knowledge of the facts in the police report, from you, etc. can give you a proper opinion. And then its only an opinion, judges often see things differently.

Asker

Posted

Yeah, I wanted to say more, but I don't want to be identifiable on the internet.

Anthony Michael Solis

Anthony Michael Solis

Posted

Smart. Very smart.

Posted

Mr. Solis is absolutely correct. You should have a consultation with a local criminal defense attorney who knows with greater certainly the possible results. This also would allow you a consultation that would be private and confidential, so you could feel free to discuss the relevant facts.

Posted

more like a 1% chance on the facts you presented. Actually, 0 percent chance, but because that is a mathematical impossibility given the amount of suppression hearing that go on out there, I'm going with 1%. But really, it's 0%

Asker

Posted

Haha, exactly my point. He was giving an erroneous statistic. I didn't ask for statistics; that's why i'm looking to hear actual cases.

Michael J Palumbo

Michael J Palumbo

Posted

Statistics are borne out of actual cases.

Posted

I always get asked what the odds are in a client's case, and that is a legitimate question. I always respond that if I give a percentage that is not lopsided, the percentages mean little. 50/50 vs. 60/40 mean what since there is no statistical basis to predicate it upon? The 40% comes up and, well, it didn't work out. Rather, it is all about risk tolerance, as with all litigation. How comfortable are you to handle the sentence if you lose, for the possibility or probability of winning? The lawyer can give you his estimation of the efficacy of legal argument and the facts that (hopefully) will be in evidence, and even advise you of an opinion. but it's your dime and your time, so you have to decide how far to take it and at what cost.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Asker

Posted

He is a flat rate attorney. He is doing it because he said it was a good idea.

Michael J Palumbo

Michael J Palumbo

Posted

You are missing the point - it is YOUR CASE, not his. If you can settle the case now or proceed that is YOUR DECISION, not his. As Marco says, what is your risk tolerance?

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