Question:

If a defendant in a criminal case enters into a guilty plea?

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with the state after losing his motion to supress evidence without a warrent, his options are:

a. accept the erm of years to which he is sentenced

b. Appeal the denial of the motion to supress

c. appeal the term of years

d. A + B are correct

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4 ANSWERS


  1. While it may vary from jurisdiction to jurisdiction, it would seem to me that the denial of the motion to suppress might still be appealable despite any supposed waivers that might be contained in the plea documents.  It would depend upon the facts surrounding the guilty plea such as:  was the right to appeal the motion to suppress decision specifically addressed during the defendant's appearance before the court for the guilty plea, or were the alleged waivers of the right of appeal merely boiler plate stipulations contained in plea documents? That is because in most jurisdictions the party that loses the motion usually has a statutory period within which to file a 'Notice of Appeal'.   In addition, if the defendant's intention to appeal the motion to suppress was clear from the court proceedings, it would seem that would trump any supposed waiver of the right to appeal and that the defendant could appeal both the motion to suppress and his acceptance of the plea agreement (because such acceptance was based upon the denial of his motion to suppress.)


  2. Uhm - this isn't a trivia game. ANSWERS in yahoo is for people who have questions pertaining to something. And to answer your question, if a defendant enters a guilty plea, that has nothing to do with evidence or motions. If you enter a guilty plea/no contest, you're basically admitting to the crime. Sentencing comes at a later date than when you admit to the crime.

  3. e. do his own homework.

  4. D.  He can of course do nothing and serve the time.  Or he can appeal the decision to allow the evidence based on the fact that it was technically mishandled by the original court.

    There's no such thing as appealing the legnth of a sentence.

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