Saturday, November 19, 2011

How do you challenge evidence already supressesed ina criminal trial when the prosecture tries to bring it in?

If you have already supressed evidence and a prosecutor tries to get it in anothe way like through testimony how would you challenge this evidence?|||This is a broad question and would depend on the specific circumstances of the case. An objection at trial would be the obvious answer. If the evidence were damaging enough, a motion for a mistrial may be in order. Having said that, there may be legitimate ways for a prosecutor to elicit testimony regarding excluded evidence. Again, very fact sensitive.

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