Case Results

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Motion Practice

Motion to Quash Search Warrant

Charges and Facts:  PC 496(a) [possession/receiving stolen property], PC 496d [possession of a stolen vehicle]

Police obtained a search warrant, searched my Client's backyard, and found stolen vehicles and other stolen property.

Motion Filed:  Motion to Traverse and Quash Search Warrant

Result:  Motion was granted, all evidence suppressed, case dismissed.

Motion to Suppress Evidence — DUI

Charges and Facts:  VC 23152(a) [DUI], 23152(b) [driving with BAC of 0.08 or greater], 12500(a) [driving without a license]

My Client was driving when stopped by police and found to be under the influence of alcohol.  He also did not have a valid driver's license.

Motion Filed:  Motion to Suppress Evidence

Result:  Rather than fight my motion, the prosecution dismissed the entire case.

Motion to Suppress Evidence

Charges and Facts:  HS 11550(a) [under the influence of a controlled substance]

My Client was stopped by police and suspected to be under the influence.  He was on parole at the time.

Motion Filed:  Motion to Suppress Evidence

Result:  Rather than fight my motion, the prosecution dismissed the entire case.

Motion to Dismiss for Lack of Speedy Trial  — Multiple DUI

Charges and Facts:  VC 23152(a), VC 23152(b) [driving under the influence of alcohol] — multiple cases

My Client had been arrested three separate times for DUI in the last four years.  After arrest he never came to any of his court dates.

Motion Filed:  Motion to Dismiss for Lack of Speedy Trial (Serna motion)

Result:  Through investigation, I was able to show the Court that my Client's failures to appear were due to dementia.  I was also able to persuade the judge that his DUI cases were unreasonably delayed by the government's failure to promptly bring him to trial.  The Court agreed and ALL THREE DUI CASES WERE DISMISSED.

Motion to Suppress Evidence — DUI

Charges and Facts:  VC 23152(a) [DUI], 23140(a) [minor with BAC in excess of 0.05]

My Client was stopped by police while driving and found to be under the influence of alcohol.  He was also under the age of 21.

Motion Filed:  Motion to Suppress Evidence

Result:  Rather than fight my motion, the prosecution offered to allow a plea to a lesser charge.

Motion to Suppress Evidence

Charges and Facts:  HS 11364 [possession of drug paraphernalia], PC 148.9(a) [giving false ID to police], multiple failures to appear in court

My Client was found in possession of a meth pipe, gave the police a fake name, and then failed to appear in court multiple times.

Motion Filed:  Motion to Suppress Evidence

Result:  Motion was granted.  Case dismissed.

Motion to Dismiss for Lack of Speedy Trial — DUI

Charges and Facts:  VC 23152(a) [DUI], VC 23152(a) [driving with BAC of 0.08 or greater]

Client was arrested on suspicion of DUI, but was never given a court date.  Several years later, she learned of an outstanding warrant for the DUI.

Motion Filed:  Motion to Dismiss for Lack of Speedy Trial (Serna Motion)

Result:  Motion granted.  I was able to show that the delay in the case was not her fault.  Rather, the government was to blame for the delay, which unfairly prejudiced her case.  Case dismissed.

Motion to Set Aside Information (PC 995)

Charges and Facts:  PC 273.5(a) [felony domestic violence with injury], 422 [felony criminal threats

Police were called out to a domestic dispute.  The alleged victim claimed that my Client punched her in the face, causing bruising and bleeding.  While the police were there investigating, the Client allegedly threatened to get a gun and shoot the alleged victim.

Motion Filed:  Motion to Set Aside the Information [PC 995]

Result:  Motion granted, one charged dismissed as a matter of law.  The prosecution later dismissed the case entirely.

 

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