I filed a motion to suppress. The government hasn't filed a motion against my motion. Does this mean that I win? The judge said they have to file it last week but I never got one.
A actual written motion? NO. Especially if it's a week motion, a DA may not waste their time writing an opposition and instead, will use the argument to point out all the reasons your wrong before the court.
I hope you know all the case law surrounding any argument he may have by heart, because if you don't, your going to look like an idiot.
HAVE FUN!
Was this in Superior Court? Assuming you followed all the applicable rules, it's possible that the Court will decide that the Government has conceded the Motion and suppress the evidence. I'd recommend reading the Superior Court Rules of Criminal Procedure rule on motions/concession of a motion, a copy of which you can find online.
No, the government does not have to file a written response. The judge was probably telling the government when it would be due, if the government chose to do so.
Regardless, the court has discretion regarding whether to give the government more time, whether to allow an oral response, and ultimately how to rule on your motion.
Even though your judge instructed the government to file a response to your motion to suppress, it would be unusual for a judge in DC Superior Court to actually enforce that order and treat the motion as conceded. Generally, they will allow the government to respond orally on the day of trial. They will require the government to explain why they could not file a timely response but the excuse of "I'm too busy" generally works for the prosecutor.
You do not ordinarily win a suppression motion by default. In fact, such motions are more likely to be reserved to rule upon after evidence and testimony has provided a basis to support the argument. The burden is on you to raise the issue initially and argue the facts, then the government must establish that there is no violation. But that typically is done at a hearing, or even during trial once the evidentiary basis exists. You really should not do this without a lawyer. You may give away your argument ahead of time and allow the government to prepare for it during trial.
