Motion Hearings

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).

 

Main Offices
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850

Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101

Downtown Associate Office
Of Counsel – Bill O’Connell, Esq. 
110 West C Street, Suite 1300
San Diego, CA 92101-3978

Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Ratings and Reviews

Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews
10.0Samuel Eugene Spital Samuel Eugene SpitalClients’ ChoiceAward 2020 Clients Choice Winner, 2007 to 2019 in Administrative Law Clients Choice Winner, 2007 to 2019 in Litigation avvo rated 10/10 in Federal Crime Law avvo rated 10/10 in Administrative Law avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing avvo rated 10/10 in Personal Injury avvo rated 2012