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Defendant Right at Motion to Suppress

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mimisue

Junior Member
What is the name of your state (only U.S. law)? Georgia

My son's attorney filed a motion to suppress on misd. charges. My son did not sign a waiver of his presence & never was involved with this proceeding. The only thing we heard was on the day in court his attorney came back into the audience & whispered to him that they had a right to search his car because of the smell of marijuana. Apparently this motion was heard but not in his presence.

He has since been sentenced under first offender, but I have a serious question about a motion to suppress being heard without his presence & with no waiver of presence. Isn't this a violation of rights, possibly under McGinnis v. State, 208 Ga. App. 354? Does he have any recourse at this point?
 



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