Kissimmee, FL asked in Appeals / Appellate Law and Criminal Law for Florida

Q: if i appealed a case and got it reversed and remanded would that apply to my co defendants...

the appealed decision was from a motion to suppress evidence, the evidence that was found is what charged everyone, so if it in fact is reversed by a higher court then wouldn't the same happen to the co Defendents. because if there is no evidence then there is no case no crime?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: As in most cases, it depends. It depends upon why the appellate court hypothetically found that the evidence should be suppressed as against you. It could be, for example, that the other parties didn't have standing to object to seizure of the evidence from you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.