Aug 17, 2008 #1 T tsdanir New Member When a motion to supress evidence is filed in a criminal case does a trial still need to take place or will the judge make a decision regarding the motion to supress the evidence on a pre trial basis?
When a motion to supress evidence is filed in a criminal case does a trial still need to take place or will the judge make a decision regarding the motion to supress the evidence on a pre trial basis?
Aug 17, 2008 #2 CdwJava Moderator Generally, a judge will hold a hearing on the motion if it is legally sufficient. - Carl
Aug 18, 2008 #3 T tsdanir New Member So the Hearing will come first and if the motion is denied a trial will take place?