Baltimore, MD asked in Criminal Law for Maryland

Q: Why would lawyer ask for speedy trial after requesting motion to suppress evidence?

Lawyer requested evidence, then requested to supress etc, then asked for speedy trial.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Sounds like the lawyer filed an omnibus motion raising common motions that may or may not prove useful, but where failure to raise them may result in waiver of the relief later, or cause more difficulty raising them later. As for a speedy trial demand, in the very rare scenario where a defendant has the basis to raise this ground for dismissal of the charges, having made such a demand is often important to its assertion, and the earlier it is made, the sooner the so-called "clock" begins to run. It is not related to, or relevant to, a motion to suppress evidence that has been illegally obtained. In order to prevent the admission of illegally obtained evidence, it is necessary for a defendant to make that motion, and then argue the grounds for it, or the defense to admission of that evidence at trial may be waived. A moton to produce all of the State's evidence both supporting their case against the defendant, as well as any evidence that may tend to exonerate the defendant, is essential in every case, so as to arm the defendant with all the facts necessary to defend the charges at trial. You cannot know what evidence to move to suppress without knowing what evidence exists. These are all standard filings and motions in a criminal case.

Scott Scherr agrees with this answer

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