Kent, WA asked in Criminal Law for Washington

Q: At one point in the judicial process can the defendant submit an affidavit requesting a Frank's hearing ?

I'm in court wednesday for pretrial conditions of release case involves the use of a CI for 100% of the states case beginning in the probable cause for the issuance of a search warrant.....I'm wondering if a Frank's hearing is requested pretrial with the potential to have case dismissed prior to jury selection?

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1 Lawyer Answer
Stan Glisson
Stan Glisson
  • Criminal Law Lawyer
  • Port Orchard, WA
  • Licensed in Washington

A: Short answer, yes. Any challenge to the sufficiency of the warrant, including a Franks hearing, would have to happen prior to trial. Those are the decisions that determine what evidence the jury is going to be allowed to hear, so they have to happen prior to the trial, normally weeks prior.

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