Pretrial motion practice is a crucial factor in an effective defense strategy in California state criminal cases. Clearly, the facts, circumstances, and allegations in the case will always determine the appropriate pretrial motions to be heard by the criminal court.
There are specific categories of motions often litigated in criminal cases. After the preliminary hearing, but before a case proceeds to trial, your criminal defense lawyer and prosecutor assigned to the case will appear in front of the judge and make their pre-trial motions.
These are essentially legal arguments that certain evidence should be excluded from the trial, some people should not testify, or even that the criminal case should be dismissed.
Pre-trial motions are not just legal tools but strategic assets for a criminal lawyer. They allow us to set up barriers to a trial, should the case proceed that far, giving us a sense of control and empowerment in the legal process.
For example, the motions can address crucial topics, such as what physical evidence and testimony can be used and what legal arguments can and can't be made.
While there are numerous possibilities, some common pre-trial motions that can be made before the court include motions to suppress evidence, motions to exclude certain testimonies, and motions to compel discovery.
For example, if you are charged with drug possession, we might be able to file a motion asking the court to “exclude” the drug paraphernalia if we have a reasonable belief that it was seized through an illegal search.
We might be able to make a reasonable argument that your confession should be excluded because your answers were in response to questioning by police who didn't properly read your Miranda rights.
Additionally, we might be able to ask the court to dismiss your case because police officers lacked sufficient probable cause to arrest you or because there was insufficient evidence to find you guilty.
Pitchess Motion
Another common California motion is a Pitchess request for confidential police records. By law, law enforcement has significant privacy protections, including the confidentiality of information in their personnel files.
However, in certain cases like allegations of racial bias, excessive force, or a false police report, some information like prior disciplinary incidents could be relevant to your Los Angeles criminal case.
Judges have to attempt to maintain a balance between the police officer's right to privacy and your right to crucial discovery by holding a Pitchess hearing. Your attorney will first ask for a motion to the court that lays out details for the basis for the request to disclose law enforcement personnel records.
If there is an adequate showing, the judge will review the records in camera – which means they are private – and then the judge will decide if the records are relevant to your case. If they determine they are relevant, the police officer's records will be disclosed.
Motion to Suppress – Penal Code 1538.5
A common motion in Los Angeles criminal cases is a motion to suppress, described under California Penal Code 1538.5. The State constitution guarantees you certain rights when charged with a crime.
Many of these infamous rights are familiar “Miranda” warnings, such as the right to a lawyer, the right to remain silent, and the right to have a lawyer present for any questioning.
In the United States, everyone has to abide by the rule of law, including law enforcement. In other words, police are limited on exactly what they can do during a criminal investigation, such as they are prohibited from engaging in unreasonable searches and seizures.
This applies to searching and seizing individuals, homes, vehicles, and other places where there is a reasonable expectation of privacy. If law enforcement doesn't follow the rules, it might be possible to exclude the seized evidence from being used against you in court by filing a motion to suppress evidence.
In situations where police violate your constitutional rights, the remedy for the criminal court is to exclude the evidence that was seized because it violated your rights. In legal circles, this is commonly known as the fruit of the poisonous tree doctrine, which means that evidence obtained through a violation of your rights is considered tainted and cannot be used against you.
A motion to suppress can allege any violations of constitutional rights. For instance, the Fourth Amendment guarantees freedom from unreasonable searches and seizures. What exactly constitutes an unreasonable search without a warrant is often a complicated topic.
If we have reason to believe a search was unreasonable and harmful evidence was seized, we will file a motion to suppress evidence in court. Next, the criminal court will normally schedule an evidentiary hearing, which will normally include testimony from the arresting police officers.
Our criminal lawyers will make arguments before the judge alleging violations of rights. A solid suppression motion could result in a case being dropped even in situations where the prosecutor has solid evidence against you.
Motion to Compel Discovery
Yet another common California pretrial motion in criminal cases is a motion to compel discovery. Los Angeles County prosecutors have a legal obligation to turn over certain information.
A Brady case established that material and exculpatory evidence must be given to a defendant prior to trial to ensure a fair process.
The Brady case and others defined a prosecutor's discovery obligations, but some disagreements can arise in the discovery and investigation process, and a prosecutor may refuse to turn over the material.
This refusal is not always an attempt to prejudice a defendant. In some cases, a prosecutor will have the belief they aren't obligated to hand over some types of evidence. In a situation where the criminal defense lawyers disagree with the prosecutor's decision, the solution is a motion to compel discovery. This motion asks the judge to order the prosecutor to disclose the information.
Contact Cron, Israels, & Stark to Review Your Case
Pretrial motion practice is often crucial to giving a defendant the best chance at a favorable outcome. In fact, a well-written motion has the potential to significantly influence the outcome of the entire case, instilling a sense of hope and optimism in the defendant.
If you were accused of committing a crime in Los Angeles, our criminal defense lawyers will leave no stone unturned in examining all the details to determine if law enforcement violated your rights. We are unwaveringly dedicated to protecting your rights and holding police officers accountable, providing you with a sense of security and support during this challenging time.
Cron, Israels & Stark serves clients who have been charged with a crime throughout the greater Los Angeles area. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact our firm for a free case evaluation at (424) 372-3112.
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