Motion to Dismiss
There are often situations in a criminal case when evidence the prosecution plans to use was obtained illegally in violation of certain constitutional rights. An experienced and zealous defense advocate 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 dimiss are necessary
If you have been charged with a criminal offense, whether a felony, misdemeanor or a 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 a few exceptions to the warrant requirement, but the prosecution has a high hurdle to jump over in convincing a court that a warrant was not necessary. 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 have watched television, you know that when police officers arrest you, they are required to warn you that anything you say may be used as evidence against you. An experienced attorney will analyze every statement you may have made that the prosecution plans to use against you and determine if a motion to suppress is appropriate.
- Motion to suppress a suggestive identification procedure: Eyewitness identification is often unreliable. For example, a witness describes the defendant as having a moustache 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 moustache. In this situation, a motion to suppress the identification would be appropriate.
Contact the Law Offices of Amber Bellante
Attorney Amber Bellante has more than one office and works as both a Sacramento attorney and a San Diego lawyer. For more than a decade, she has dedicated her career to defending people against criminal charges. She is committed to fight for your liberty and all of your constitutional rights. When appropriate, she will bring a motion to suppress and zealously work to be sure that illegally obtained evidence is suppressed.