LA Criminal Defense and DUI Motions Lawyer

LOS ANGELES CRIMINAL DEFENSE AND DUI MOTIONS ATTORNEY
A "motion" is a request made by a party, usually through a lawyer, to the court.  Motions are a very important tool for criminal defense attorneys in Los Angeles.  Motions can get a case dismissed, get evidence thrown out, get a defendant out of custody and also puts pressure on the prosecution to do more work than they may be willing to do on a particular case.  Filing motions is an important part of criminal defense work.  Talk to a Los Angeles Criminal Defense Attorney to find the best motions that might help you fight your case.  Here is a list of some of the common motions that might be used in your criminal case in Los Angeles.

PC 995 MOTION TO DISMISS
If, after a preliminary hearing, a defendant is held to answer to the charges, but the government has not really put forward enough evidence to justify that action, a 995 motion is used to seek a dismissal from the trial court.  Essentially, it is like an appeal to the preliminary hearing judge's decision not to dismiss the case.  If the preliminary hearing transcript and exhibits do not show enough evidence for probable cause, your Los Angeles Criminal Defense Attorney will file a 995 motion to ask the trial judge to dismiss your case for a lack of evidence against you.

PC 1538.5 MOTION TO SUPPRESS EVIDENCE
Perhaps the most important motion in criminal defense cases, particularly in possession offenses or cases where a confession was made prior to the reading of Miranda rights.  Pursuant to Penal Code section 1538.5, criminal defense attorneys can have unlawfully obtained evidence thrown out of court.  Most frequently, these motions are used when a search was conducted in violation of a defendant's fourth amendment rights.  In DUI cases, drug crimes, weapon offenses and more, a bad stop can suppress all evidence of DUI.  More information about motions to suppress

EC 402 MOTIONS (MOTIONS IN LIMINE)
Just before trial, the defense and prosecution will have an opportunity to argue over the admissibility of some evidence, presence of witnesses and other spectators in the courtroom, and more with regards to the impending trial.  This is often where a judge will decide whether a defendant's statements or prior criminal history will be admissible, as well as allowing or disallowing expert and lay witness testimony.

PC 1318 MOTION FOR OWN RECOGNIZANCE RELEASE
Despite the "innocent until proven guilty" ideal we are taught, the reality is that many people are held in custody until the disposition of their criminal case.  Bail is set, whereby a criminal defendant may post a bond and then be released during the progression of the case

PITCHESS MOTION
A Pitchess Motion is a motion made by the defense to get access to a law enforcement officer's personnel files.  If the defendant believes that the officer used excessive force or lied about facts in their police report, it can be possible to get access to records that can later be used to impeach the officer as a witness in court.  If it turns out the officer has a long list of complaints, the prosecution may agree to dismiss the case or offer a much better plea deal.  A Pitchess motion, therefore, can be an important tool for criminal defense attorneys.  

PC 1054 FORMAL DISCOVERY MOTION
Discovery is the process of turning over evidence to the other side.  In criminal cases, most discovery is informal.  The defense usually makes a request for specific evidence not turned over right away by the prosecution.  Typically, the prosecution will try to make the requested discovery available, as is required by law.  Sometimes, however, the prosecution does not easily disclose something.  In these cases, a motion to compel discovery can help the defense to obtain the evidence sought.

TROMBETTA MOTION
If the government loses or destroys some potentially favorable defense evidence, a Trombetta motion may be filed to seek a dismissal of the case.  Finding out that the government lost or destroyed evidence is not easy, but in the cases where it does happen, it can be good news for defendants.

BLOOD SPLIT MOTION
In DUI cases involving blood testing, the government must follow very specific guidelines for drawing, testing, preserving and storing the blood sample.  The lab must not only preserve the sample prior to testing, but also retain sufficient sample to be re-tested by the defense upon request.  Re-testing for BAC can help to demonstrate the variation and the inaccuracy of the test, especially LA County's single-column chromatography technology.  Additionally, the re-testing can show that the sample was not properly preserved or stored, calling into question the reliability and competence of the lab.  According to Pasadena DUI Lawyer Ann Gottesman, "improper storage (temperature too high or low), stress on the blood and bacterial contamination can cause" hemolysis, which indicates an unreliable sample.

Keep in mind that motions can have a strong effect on your case, even if the motions are never heard or granted.  Filing motions can result in better plea deals because the prosecution has to choose whether to devote resources to fighting a defense motion or just to give in to defense requests for plea bargains.  Often, the prosecution will hope to avoid the possibility of losing a motion or the work in defending a motion by offering better terms in plea negotiations. 

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

If you have been arrested or charged with a crime in LA, there may be motions that can help your case.  Having the best Los Angeles Criminal Defense Lawyer you can get is important.  Contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar