Can a prosecutor appeal a suppression hearing ruling after a judgement of acquittal was granted?

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Can a prosecutor appeal a suppression hearing ruling after a judgement of acquittal was granted?

I was charged with possession of marijuana. The public defender filed a motion to suppress evidence in my case. A suppression hearing was held and the judge suppressed the marijuana. The PD then motioned for judgment of acquittal immediately after the ruling and the judge granted it. No trial was held. Just the suppression hearing. The paper I received says judgment of acquittal. Thanks for any responses.

Asked on September 6, 2010 under Criminal Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The prosecutor cannot appeal because there was an acquittal in your case.  If there were other charges in your case on which there wasn't an acquittal, then the prosecutor could appeal.


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