Tag Archives: identifications

THE TRUTH ABOUT MOTION TO SUPPRESS EVIDENCE OR IDENTIFICATIONS+

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Motion to suppress evidence: n. a request(s) by the defendant to exclude some evidence(s) presented by the plaintiff on the grounds that it is untrue and/or deceptive and/or fraudulent and/or illegal usually pretrial and/or during trial by jury

THE MOTION TO SUPPRESS IDENTIFICATIONS is in reality a motion to suppress evidence(s) or a request by the defendant to exclude some evidence(s) presented by the plaintiff on the grounds that it is untrue and/or deceptive and/or fraudulent and/or illegal.

This occurs prior to an actual trial but still may be presented during a trial trying to convince the jury that in fact the plaintiff’s evidence was untrue, deceptive, fraudulent, or even illegal despite a ruling by a judge prior to trial that the evidence(s) are in fact admissible.

A veteran or experienced judge is usually more competent at deciding whether evidence is indeed untrue, deceptive, fraudulent, or even illegal but an inexperienced judge may not be able to tell the difference between deceptive or untrue evidence(s).

It is here that judge fallibility creeps in and a judge may indeed be guilty of bad judgment. No judge is infallible when it comes to making decisions on the truth or untruth or deception of a piece of evidence(s). Yes, most judges will make accurate judgements on whether evidence is indeed fraudulent or illegal with much greater certainty and will grant a motion to suppress evidence(s) rather quickly if such is the case. The grey area for a judge is to determine what is untrue or deceptive and that only comes from years of experience on the job determining cases in and out of court.

Experienced judges and experienced lawyers with much experience in court are your best bet when it comes to defending yourself in court but how many average men and women have the money for an experienced lawyer and a judge who has served at least 20 years or so in his or her profession.

Money is power because it can buy good experienced lawyers who are also better at winning court cases and settling cases out of court prior to trial. 

Public defendants fresh out of college, university, or law school who provide their services free of charge or at ridiculously low salaries are unfortunately frequently greatly incompetent or inexperienced to defend those who can’t afford a top rated legal defense for themselves. Unfortunately the current legal system is rigged in favor of the wealthy and not poor defendants.

 

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