Question:Can a criminal defendant be successful in a motion to suppress for deprivation and violation of Georgia Constitutional Rights? Someone I know is going to represent themselves, thinking they are being deprived of the right to the court by being deprived of petitioning materials that are needed to develop written motions and pleadings.
He plans on filing a motion to dismiss for violation of Article I Section I Paragraph I, II, XII and XVII of the Georgia Constitution believing that by depriving him of legal material, the State is depriving him of his liberty of defending himself without proper process, the equal protection of the constitution, and him of his rights.
So, can he be successful on the motion to dismiss and if not can he appeal the judgment of the motion or does he have to wait to appeal on those grounds until after conviction? Also, can he win a jury trial for the violation of rights, those rights, if it is brought up?
Answer:From my years as an Assistant District Attorney, I have found that this is a common claim. It is usually made by defendants that are incarcerated and taking advice from the “jail house lawyers” that are also incarcerated. These “jail house lawyers” are in jail with your friend.
If this type of motion was successful they should be OUT OF JAIL – but they are not! I highly advise your friend to obtain an attorney to represent him or at least accept the service of a public defender. Representing yourself is usually NOT a good idea!! I hope this information helps your friend.