Motions, Technicalities, and Loopholes
Explained by an award winning San Diego Criminal Defense Lawyer.
Post Conviction Relief
How to Gain Every Possible Advantage in the Legal Process
Motion to Suppress
Penal Code 1538.5
You can motion for pretty much anything - but it is important to use your motions wisely and well. Judge's do not appreciate a shotgun approach of motions without strong argument in support of them. Filing motions to suppress evidence and statements obtained as a result of illegal search or interrogation is one of your most effective tools in preparing for trial. If you can supress the piece of evidence that forms the basis of the charge, the case is dismissed.
Sounds great, when do we file a motion to suppress?
It can be raised anytime pre-trial.
A History of Complaints Against Police Officer for Violence
Not only are many people falsely arrested, they are arrested falsely by sometimes violent and sociopathic police officers - the type of person who physically hurts and assaults them. There is a specific motion called a Pitchess motion that is an argument that the defense is entitled to the disciplinary history of the arresting officer (or any other relevant officer).
Motion for Bail Reduction
Keeping you out of jail before trial
We want you to be able to relax at home during your trial, which will be one of the most stressful times of your life. We will help you get through it - and that includes fighting for your comfort by making sure that your bail is reduced to ease your financial concerns.
Motion to Exclude Witnesses at Trial
Preventing the Jury from hearing damaging testimony
Some testimony is not relevant, some testimony can be outright prejudicial and have little to no probative value. There may be some people that you do not want the jury to even know they exist - and we can make that happen by filing a motion to exclude witnesses from trial.
Motion to Disclose Preferential Treatment
Knowing in advance what the prosecution traded for testimony
Sometimes, a witness against you may be somebody who was also accused of similar conduct and they have received an offer from the district attorney to testify against you in exchange for leniency. Many defense attorneys do not know that they are under no obligation to disclose these deals (you can ask about them on cross examination) - but if you demand it before trial, you know more going into your cross-examination strategy sessions.
Motion for Mental Health Records
Obtaining proof that the complaining witness is crazy
Being able to identify the weaknesses in the complaining witnesses statements is critical. Mental health records may be available to the defense by motion under strict circumstances.
These are just a small sampling of the motions available to you. We will use every tool in our arsenal to make sure that we win your case and you stay out of jail.
Loopholes & Technicalities
Using loopholes in criminal law to get off a charge
In criminal defense, we live on loopholes and technicalities because it is the Government's job to prove your guilt - and we hold their feet to the fire. We make sure the government follows every law that it should, and we make it nearly impossible for them to prove their case.
Finding a loophole or technicality is a detail buried within the specific facts of your case. Hire an experienced San Diego criminal defense lawyer to protect your freedom.