Ellijay, GA asked in Criminal Law for Georgia

Q: Can a defendant appeal a denied motion to suppress before trial?

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1 Lawyer Answer
Thomas Nicholas Cvietkovich
Thomas Nicholas Cvietkovich
  • Criminal Law Lawyer
  • San Jose, CA

A: Typically a denied motion to suppress would be appealed after a guilty plea or no contest plea is entered and a person is sentenced. A writ can be filed while the case is pending but the motion to suppress has to take place within 45 days of the arraignment, which rarely occurs. I won my client's appeal of a denied 1538.5 motion to suppress just this last Spring.

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