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