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To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

Drug Case-Case Dismissed-Violation of Client’s Constitutional Rights

FACTS:

A suppression motion, commonly referred to as a PC 1538.5 motion is an opportunity a defense attorney can utilize to suppress certain evidence illegally obtained. In the instant case, Marco was arrested and charged with possession of a controlled substance for sale. We have attached the first transcript of the preliminary hearing which shows that the Judge listened to evidence and ruled that the evidence seized from our client was done in violation of our client’s Legal and Constitutional Rights. Accordingly, please see page 23 of the Transcript (People v. Marco – Dated November 25, 2008) and you will see that the Judge dismissed the charges against our client.  Please see the detailed cross-examination of Mr. Feyzjou which led to the charges being dismissed. We have attached the complete court reporter’s transcript of the court proceeding (please note that case numbers and the full legal name of the Defendant have been blocked out for privacy purposes).

RESULT:

Case dismissed.

VIEW PDF OF THE FIRST DISMISSAL HERE

 

Interestingly, the law permits the prosecution to re-file charges that were dismissed. In other words, the prosecution gets two bites at the apple. Therefore, the prosecution re-filed the case and re-alleged the same violations of law. However, our office re-filed the Suppression Motion arguing that the Defendant’s rights were still violated. The next hearing for the suppression motion was December 19, 2008. The prosecution put on their witnesses and evidence. Again, the prosecution lost. The entire transcript is attached herein for your review. All of the charges against our client was dismissed. This was the second bite at the apple and the Judge dismissed the case in its entirety and the client was able to go home. Please review the preliminary hearing transcript which is attached below here.  This case stands for the proposition that aggressive representation, detailed questioning of law enforcement coupled with experience can lead a court to be sufficiently persuaded to dismiss charges that were brought against a Defendant in violation of a Defendant’s constitutional rights. Don’t just plead gulity. Call KIA LAW FIRM to discuss your particular fact pattern. If your rights have been violated, you too can possibly have your charges dismissed. There is never a consultation fee to speak to a lawyer at KIA LAW FIRM. We are available 24/7.

VIEW PDF OF DISMISSAL OF ENTIRE CHARGES HERE