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One of the most common types of bail in Massachusetts is cash bail. This type of bail requires the defendant to pay the full amount of bail in cash to the court. If the defendant attends all court hearings, the cash bail will be returned at the end of the case.
An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.
A motion to suppress is a motion filed by a criminal defense attorney when he or she has reason to believe that evidence was illegally obtained through an unlawful search or seizure. The goal is to have the judge throw out evidence that the State plans to use against you.
The primary means to exclude illegally obtained evidence is a motion to suppress, which is a written request by the defendant asking the court to keep certain evidence from being introduced at trial because that evidence was obtained as a result of unconstitutional or illegal police activity.
Under Massachusetts law, you can be held in jail for up to ninety days in this situation. This is considered bail revocation. Massachusetts can choose to revoke your bail if you have been released on bail for one crime and then charged again for a second.
While in general, on a motion to suppress, the defendant has the burden of proving, by a preponderance of the evidence, that the material in question was seized in violation of his constitutional rights, there are several situations where the burden shifts to the government. United States v.
A motion to suppress is a formal request to have certain pieces of evidence excluded from your criminal trial. There are two grounds for filing a motion to suppress, which can be found in Penal Code 15398.5 PC. Both involve unreasonable searches and violations of your Constitutional rights.
Revocation may be reconsidered if the defendant or the Commonwealth can show that ?a manifest injustice will result if a bail revocation order is not revisited.? For example, if an attorney investigates the case and the alleged victim recants, the attorney could then argue to the court that it would be a ?manifest ...