Motion To Dismiss
Motion To Dismiss
If evidence the prosecution plans to use appears to be obtained illegally in violation of certain constitutional rights, Amber Bellante will proceed to challenge the arrest and search and seizure of you, your property, your vehicle, or your dwelling. Amber Bellante will be your zealous defense advocate and will file a motion with the court asking that the evidence be suppressed.
If the court grants the motion to suppress, the prosecution cannot use the evidence in pursuing the case or at trial. If the suppressed evidence is all the evidence the prosecution was planning to use at trial, the charges will be dismissed.
Examples of situations where motions to dismiss are necessary
If you have been charged with a criminal offense, whether a felony, misdemeanor or DUI, there is a strong likelihood that a motion to suppress can help your case. Some examples include, but are not limited to:
- Motions to suppress illegally seized evidence: If law enforcement officers searched your home, car, or person without a warrant, the search may have violated your Fourth Amendment rights. There are also situations when a warrant was illegally obtained.
- Motions to suppress involuntary statements given in violation of the Fifth Amendment right to remain silent: If you are detained by law enforcement or under arrest, you must be given your Miranda advisement that anything you say can AND WILL, be used against you. If law enforcement does not give you this admonition and you confess or make incriminating statements, they can be suppressed as if you never made those statements. In that situation, it could save your case. Amber Bellante will analyze whether there was a detention which is equivalent to an arrest and determine if a motion to suppress is appropriate.
- Motion to suppress a suggestive identification procedure: Eyewitness identification can be unreliable. For example, a witness describes the defendant as having a mustache and then is called to the station to look at photos of six men to see if the witness can identify the defendant. Only one of the six men has a mustache. In this situation, a motion to suppress the identification would be appropriate.
Attorney Amber Bellante has more than one office and works as both a Sacramento area attorney and a San Diego lawyer. For more than two decades, she has dedicated her career to defending people against criminal charges. She is committed to fighting for your liberty and constitutional rights. When appropriate, she will bring a motion to suppress and zealously work on your behalf to be sure that illegally obtained evidence is suppressed.