After the felony case preliminary hearing, there is an opportunity for Motion Hearings in which we may challenge the sufficiency and/or legality of the evidence. By filing a motion pursuant to Penal Code section 995, your felony defense counsel can attack the sufficiency of the evidence and the trial judge will review the transcript of the preliminary hearing. If the Superior Court sustains the earlier decision, the judge will deny the motion, and the case proceeds to trial. On the other hand, if we are successful and the Court determines sufficient evidence was absent, the motion is granted and the Information or a part of it is dismissed.
As your personal defense lawyer in a robbery, rape, murder, grand theft, homicide, or any other felony complaint, we may also file a motion to suppress the evidence pursuant to Penal Code section 1538.5. In this motion, as your defense counsel, we will argue that you were stopped, arrested or searched in violation of your constitutional rights (e.g. the law enforcement officer did not have a warrant and otherwise lacked probable cause for the stop, arrest or search).